23 Neb. 309 | Neb. | 1888
In a criminal prosecution tbe defendant called a number of witnesses to prove his good character. The county attorney thereupon offered to produce witnesses whose names were not on the information to rebut the testimony of the defendant’s witnesses on the question of his character. This motion was overruled, and to determine the law relating to the matter the county attorney obtained leave and has filed a petition in error in this court.
The question turns upon the construction to be placed upon section 579 of the criminal code, which is as follows: “ All informations shall be filed during term, in the court having jurisdiction of the offense specified therein, by the prosecuting attorney of the proper county as informant; he shall subscribe his name thereto, and indorse thereon the names of the witnesses known to him at the time of filing of the same; and at such time before the trial of any case as the court may, by rule or otherwise, prescribe, he shall endorse thereon the names of such other witnesses as shall then be known to him.”
In Stevens v. State, 19 Neb., 648, and Parks v. State, 20 Neb., 515, it was held that witnesses called on the part of the state, whose names were not endorsed on the information, would not be permitted to testify; and we adhere to those decisions. The reason for this rule is very clearly stated by Judge Cobb, in Parks v. State, where, in speaking of the law providing for prosecutions by information, he says : “It is an innovation which had often been suggested before it was adopted. With its undoubted advantages, it has been objected to as placing too much power in the hands of the prosecutor. Probably foreseeing this objection, the framers of the law sought to throw
Judgment accordingly.