Cordson v. State

CourtSupreme Court of Nebraska
Writing for the CourtBARNES
Citation77 Neb. 416,109 N.W. 764
Decision Date10 November 1906
PartiesCORDSON v. STATE.

77 Neb. 416
109 N.W. 764

CORDSON
v.
STATE.

Supreme Court of Nebraska.

Nov. 10, 1906.



Syllabus by the Court.

Where a statute states the elements of a crime, it is generally sufficient, in an information or indictment, to describe such crime in the language of the statute.

Section 204 of the Criminal Code, which declares that a father who shall rudely and licentiously cohabit with his own daughter shall be guilty of incest, and which provides a punishment therefor, is valid and is sufficient in form and substance to create the offense therein described. State v. Lawrence, 27 N. W. 126, 19 Neb. 307, followed.


Error to District Court, Thurston County; Graves, Judge.

Fred Cordson was convicted of crime, and brings error. Affirmed.

[109 N.W. 764]

Hiram Chase, for plaintiff in error.

W. E. Whitcomb, Norris Brown, Atty. Gens., and W. T. Thompson, Deputy Atty. Gen., for the State.


BARNES, J.

Fred Cordson, hereafter called the defendant, was tried by the district court of Thurston county, and found guilty of the crime of incest, as defined by section 204 of the Criminal Code. He was thereupon sentenced to the state penitentiary for a term of seven years. To reverse that judgment, he has brought the case here by petition in error. The record contains no bill of exceptions, and defendant's petition contains but one assignment, to wit: “That the court erred in overruling defendant's motion in arrest of judgment.”

His first contention is that the information on which he was tried does not state facts sufficient to charge him with the commission of any crime. To this it is a sufficient answer to say that the information charges him with the commission of the offense in the language of the statute creating it. It is a well-established rule that to charge a statutory offense it is sufficient if it be charged in the language of the statute. In Bolen v. People, 184 Ill. 338, 56 N. E. 408, it was said: “An indictment charging the accused with the crime of incest in the language of the statute is sufficient, although it fails to allege that the act was feloniously or knowingly committed, since the crime of incest was not a felony at common law and is indictable

[109 N.W. 765]

only by virtue of the statute.” It will be observed in passing that section 204 of our Criminal Code is a literal copy of the statute of Illinois. In Leisenberg v. State, 60 Neb. 628, 84 N. W. 6, it was said: “Where a statute states the elements of a crime, it is generally sufficient, in an...

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14 practice notes
  • State v. Halbert, No. 25720.
    • United States
    • Supreme Court of Nebraska
    • January 13, 1927
    ...26 Neb. 757, 42 N. W. 762;Leisenberg v. State, 60 Neb. 628, 84 N. W. 6;Peterson v. State, 64 Neb. 875, 90 N. W. 964;Cordson v. State, 77 Neb. 416, 109 N. W. 764;Cuthbertson v. State, 72 Neb. 727, 101 N. W. 1031;Newby v. State, 75 Neb. 33, 105 N. W. 1099. We find no good reason why this rule......
  • Trosper v. State, No. 29212.
    • United States
    • Supreme Court of Nebraska
    • December 31, 1934
    ...576, 204 N. W. 60. See, also, Sandlovich v. State, 104 Neb. 169, 176 N. W. 81;Goff v. State, 89 Neb. 287, 131 N. W. 213;Cordson v. State, 77 Neb. 416, 109 N. W. 764. The information in this case sufficiently charges a crime, the elements of which are defined by the statute. The criticism of......
  • McKenzie v. State, No. 24518.
    • United States
    • Supreme Court of Nebraska
    • May 23, 1925
    ...in this case, are concerned. Sandlovich v. State, 104 Neb. 169, 176 N. W. 81;Goff v. State, 89 Neb. 287, 131 N. W. 213;Cordson v. State, 77 Neb. 416, 109 N. W. 764. And unless the phrase, “under threats of exposure for crime,” etc., is confined to a threat to expose the particular person fr......
  • Joseph v. State, No. 28734.
    • United States
    • Supreme Court of Nebraska
    • April 26, 1935
    ...a crime, an information or indictment is generally sufficient which described the crime in the language of the statute. Cordson v. State, 77 Neb. 416, 109 N. W. 764;Goff v. State, 89 Neb. 287, 131 N. W. 213;Philbrick v. State, 105 Neb. 120, 179 N. W. 398. The indictment, as will be noted, c......
  • Request a trial to view additional results
14 cases
  • State v. Halbert, No. 25720.
    • United States
    • Supreme Court of Nebraska
    • January 13, 1927
    ...26 Neb. 757, 42 N. W. 762;Leisenberg v. State, 60 Neb. 628, 84 N. W. 6;Peterson v. State, 64 Neb. 875, 90 N. W. 964;Cordson v. State, 77 Neb. 416, 109 N. W. 764;Cuthbertson v. State, 72 Neb. 727, 101 N. W. 1031;Newby v. State, 75 Neb. 33, 105 N. W. 1099. We find no good reason why this rule......
  • Trosper v. State, No. 29212.
    • United States
    • Supreme Court of Nebraska
    • December 31, 1934
    ...576, 204 N. W. 60. See, also, Sandlovich v. State, 104 Neb. 169, 176 N. W. 81;Goff v. State, 89 Neb. 287, 131 N. W. 213;Cordson v. State, 77 Neb. 416, 109 N. W. 764. The information in this case sufficiently charges a crime, the elements of which are defined by the statute. The criticism of......
  • McKenzie v. State, No. 24518.
    • United States
    • Supreme Court of Nebraska
    • May 23, 1925
    ...in this case, are concerned. Sandlovich v. State, 104 Neb. 169, 176 N. W. 81;Goff v. State, 89 Neb. 287, 131 N. W. 213;Cordson v. State, 77 Neb. 416, 109 N. W. 764. And unless the phrase, “under threats of exposure for crime,” etc., is confined to a threat to expose the particular person fr......
  • Joseph v. State, No. 28734.
    • United States
    • Supreme Court of Nebraska
    • April 26, 1935
    ...a crime, an information or indictment is generally sufficient which described the crime in the language of the statute. Cordson v. State, 77 Neb. 416, 109 N. W. 764;Goff v. State, 89 Neb. 287, 131 N. W. 213;Philbrick v. State, 105 Neb. 120, 179 N. W. 398. The indictment, as will be noted, c......
  • Request a trial to view additional results

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