Rauschkolb v. State
| Decision Date | 09 January 1896 |
| Citation | 46 Neb. 658,65 N.W. 776 |
| Parties | RAUSCHKOLB ET AL. v. STATE. |
| Court | Nebraska Supreme Court |
OPINION TEXT STARTS HERE
Syllabus by the Court.
1. In the discretion of the trial court, the names of additional witnesses may be indorsed by the county attorney on the information after the filing thereof, and before the trial.
2. In such case, however, where a request is made to postpone the trial for 24 hours, to enable the defendant to meet the testimony expected to be given by the person whose name is so indorsed, it is an abuse of discretion to deny such request, if such witness is examined on the trial, and gives material testimony for the state, in making out its case in chief.
Error to district court, Nemaha county, Bush, Judge.
Bernhardt Rauschkolb and Jacob Rauschkolb were convicted for keeping intoxicating liquors for sale without a license, and bring error. Reversed.John S. Stull and C. P. Edwards, for plaintiffs in error.
A. S. Churchill, Atty. Gen., and Geo. A. Day, Dep. Atty. Gen., for the State.
This is a prosecution brought under section 20, c. 50, of the Compiled Statutes of this state, for keeping and having in possession for sale, without a license, certain intoxicating liquors. The prisoners were found guilty, and the judgment rendered against them upon the verdict is before us for review. The record discloses that the case was continued from term to term until the 20th day of March, 1894, when, upon a showing made by the county attorney, permission was given, over the objection of defendants, to indorse upon the information the name of Levi Shores. An exception to the ruling was taken, and the defendants thereupon, by reason of said indorsement, asked that they be given 24 hours in which to prepare for trial. This the court refused, but arraigned the defendants at once, and forthwith impaneled a jury to try the case, and on the same day a verdict of guilty was returned. The permitting the county attorney to indorse the name of the witness on the information, and refusing defendants' request to postpone the trial, are assigned for error.
Section 579 of the Criminal Code provides that the prosecuting attorney shall indorse on the information the names of the witnesses known to him at the time of filing the same; and at such time before the trial of any case as the court may, by rule or otherwise, prescribe, he shall indorse thereon the names of such other witnesses as shall then be known to him. In the case under consideration, it appears from the affidavit of the county attorney that he was not such officer when the information was filed, and that he had no means of knowing that Levi Shores could give material testimony until the time the application was made to indorse his name. The statute gives authority to indorse upon an information the names of additional witnesses after the...
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State v. Fulwider
...Pitre, 54 Wash. 166, 103 Pac. 27; State v. Quinn, 56 Wash. 205, 105 Pac. 818; Barney v. State, 49 Neb. 515, 68 N.W. 636; Rauschkolb v. State, 46 Neb. 658, 65 N.W. 776; State v. Holedger, 15 Wash. 443, 46 Pac. 652; State v. Wilmbusse, 8 Idaho, 608, 70 Pac. 849; State v. Rooke, 10 Idaho, 388,......
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Barney v. State
...trial immediately upon the indorsement of new names on the information, and not in permitting those names to be indorsed. Rauschkolb v. State, 46 Neb. 658, 65 N. W. 776. Error is assigned upon the giving of the seventh instruction, which is as follows: “A doubt, to justify an acquittal, mus......