113 Neb. 173 | Neb. | 1925
Information was filed against the defendant, Sherman, and one Lowe charging them with the crime of conspiracy to commit a felony, viz., blackmail. Separate trials were demanded and allowed, and, defendant being tried first, was found guilty by the jury and fined, from which judgment of the court he appeals. A number of interesting questions are presented by the record, but we find it necessary to consider but one.
After defendant had been convicted and before sentence, his alleged coconspirator was tried and acquitted, which the record shows was brought to the attention of the district court by motion in arrest of judgment, which was overruled and sentence pronounced.
We have, therefore, a peculiar situation not met with in any of the adjudicated cases of a charge of conspiracy against two persons only, the first of whom tried being convicted and the second acquitted. The judgments of courts of record import absolute verity, but if both these judgments can stand an absurdity is presented, the one asserting the existence of the conspiracy and the other denying it, and thus the judgments are robbed of that sweet aspect of consistency and truth which'is one of their most admirable attributes.
We are cited by defendant to a number of cases discussing the subject, one of which, State v. Tom, 13 N. Car. 569, contains a very interesting and learned opinion, citing a large number of English authorities, and announcing the
The judgment of the district court is reversed and cause ■ remanded, with instructions to discharge the prisioner.
Reversed, with directions..