63 Neb. 249 | Neb. | 1901
Jeremiah D. Likens was convicted in the court below of an assault upon Alva Likens with intent to inflict great bodily injury, and was sentenced to a term of imprisonment in the state penitentiary. The defendant has brought the record to this court for review.
It is first urged that the verdict is not sustained by sufficient evidence. .In Murphey v. State, 43 Nebr., 34, it was ruled that the words “great bodily injury,” as employed in section 17b of the Criminal Code, imply an injury of a graver and more serious character than an ordinary battery. A careful perusal and consideration of the entire testimony contained in the bill of exceptions satisfies us that the offense of which the accused was convicted was not established on the trial beyond a reasonable doubt. It is disclosed that Alva Likens, the prosecuting witness, is a
More than one errpr is assigned for the exclusion of answers to questions propounded to the defendant by his counsel upon direct examination, but these assignments must be overruled, because the defendant made no offer of proof when the objections were sustained.
The verdict being unsupported by sufficient evidence, the judgment is reversed and a new trial awarded.
Reversed.