47 Neb. 294 | Neb. | 1896
October 10, 1895, there was filed in the district court of Douglas county an information in which Patrick Ford, Jr., James Gallagher, and the plaintiff in error were jointly charged with the ■commission of the crime of robbery in said county on September 24, 1895. Plaintiff in error was given a separate trial, convicted, and, after motion for new trial was heard and overruled, was ¡sentenced to serve a term of three years in the penitentiary.
The first alleged error to which our attention is directed by the brief filed by counsel for plaintiff
There were no instructions given in which the lesser crimes were defined or submitted to the consideration of the jury, and allowing the return of a verdict of guilty of either of such lesser crimes, if the evidence warranted it, and did not
The defenses made in the case at bar were the general issue and the affirmative one, an alibi, that the plaintiff in error was not at the place of commission of the alleged crime at the time it was stated in the information to have occurred, but was then at another or different place. The plea of the general issue raised for determination the question of the guilt or innocence of plaintiff in error of the principal crime charged, or of the
It is further urged that there is error in the fourth instruction, containing the words “defendant, either alone or in company with others,” referring to the committal of the acts alleged to have constituted the robbery; that there is no evidence that he, or any of the parties informed against, acted at any time alone or without the co-operation of others. This is wrong. There is testimony, in regard to the plaintiff in error, fully warranting the submission of the question of the plaintiff in error’s having committed the crime charged, alone, or in connection with his co-defendants. The determination of this question also disposes of the objection urged against instruction numbered 5.
It is contended that No. 8 of the instructions, which was in regard to the defense of an alibi, interposed for plaintiff in error, was vague and not a plain and explicit statement of the law gov
It is urged that the evidence was insufficient to sustain the verdict. We have carefully weighed all the evidence and need not quote from or summarize it here. Prom our examination we are convinced of its sufficiency to support the verdict rendered. The judgment of the district court is
Affirmed.