State v. Huckins
| Decision Date | 08 February 1888 |
| Citation | 36 N.W. 527,23 Neb. 309 |
| Parties | STATE v. HUCKINS. |
| Court | Nebraska Supreme Court |
OPINION TEXT STARTS HERE
Syllabus by the Court.
Where on the trial of a person accused of crime, he introduces witnesses to prove his good character, the state may introduce witnesses in rebuttal, although their names are not indorsed on the information. In such case the question of character is collateral to the main issue, and, being raised by the defendant, the state may call witnesses in rebuttal.
Error to district court, Douglas county; GROFF, Judge.Edward W. Simeral, for plaintiff in error.
W. F. Gurley, for defendant in error.
In a criminal prosecution, the 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:
In Stevens v. State, 19 Neb. 648, 28 N W. Rep. 304; and Parks v. State, 20 Neb. 515, 31 N. W. Rep. 5, it was held that witnesses called on the part of the state whose names were not indorsed 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: ...
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McVey v. State
...testimony she gave was strictly rebuttal; hence it was not required that her name should have appeared on the information. State v. Huckins, 23 Neb. 309, 36 N. W. 527;Fager v. State, 49 Neb. 439, 68 N. W. 611. It is urged that there was error in giving the fifth instruction, for the reason ......
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Kelly v. State
...States, 160 U.S. 70, 16 S.Ct. 216, 40 L.Ed. 343; State v. Parish, 22 Iowa 284; State v. Ruthven, 58 Iowa 121, 12 N.W. 235; State v. Huckins, 23 Neb. 309, 36 N.W. 527; Fager v. State, 49 Neb. 439, 68 N.W. 611.) Where, a in this case, the testimony thus introduced is directly and plainly rebu......
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Kelly v. State
...information. Goldsby v. U. S., 16 Sup. Ct. 216;State v. Parish, 22 Iowa, 284;State v. Ruthven, 58 Iowa, 121, 12 N. W. 235;State v. Huckins, 23 Neb. 309, 36 N. W. 527;Fager v. State, 68 N. W. 611, 49 Neb. ___. Where, as in this case, the testimony thus introduced is not directly and plainly ......
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Clements v. State
... ... names were not indorsed [80 Neb. 318] on the ... information"--citing Goldsby v. United States, ... 160 U.S. 70, 16 S.Ct. 216, 40 L.Ed. 343; State v ... Parish, 22 Iowa 284; State v. Ruthven, 58 Iowa ... 121, 12 N.W. 235; State v. Huckins, 23 Neb. 309, 36 ... N.W. 527, and Fager v. State, 49 Neb. 439, 68 N.W ... 611. The record discloses that the defendant introduced ... evidence tending to establish an alibi. By such evidence he ... located himself in a buggy, driving over the road described ... by the question of the ... ...