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Dirksen v. State

Harm Dirksen v. State of Nebraska

Dirksen v. State, 125 N.W. 618 (Neb. 1910)
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Court
Nebraska Supreme Court · State Highest Courts
Decided
March 28, 1910
Docket
No. 16,490
Citations
125 N.W. 61886 Neb. 3341910 Neb. LEXIS 100
Disposition
Dismissed.
Headnotes
Proceedings in Error: Limitations. “The supreme court has no jurisdiction to review the proceedings and final judgment of the district court in a criminal case, unless proceedings in error are instituted therein within six months after the rendition of such judgment.” Koclc v. State, 73 Neb. 354.
Summary
Error to the district court for Boyd county: William EL Westovee, Judge-.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

March 4, 1909, a verdict was returned in the district court for Boyd county finding the plaintiff in error guilty of rape. March 8, 1909, his motion for a new trial was overruled and he was sentenced to imprisonment at hard labor for six years in the state penitentiary. December 6, 1909, he filed in the office of the' clerk of this court a certified transcript of said judgment of conviction, and the proceedings leading up thereto, his bill of exceptions of the evidence adduced on his trial and a petition in error. We are without jurisdiction to consider the petition for the reason that the transcript was not filed in this court within six months of the date of the plaintiff in error’s conviction, and it is evident that no action of any officer of the district court or this court prevented him from securing that transcript. In fact the transcript was duly certified by the clerk of the district court on the 10th day of March, 1909. Koclc v. State, 73 Neb. 354 .

The proceedings in error, therefore, are

Dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1920: 11935: 11936: 11951: 119202026peak 1920 · 1

Relies on it most ⓘ

  1. Cunningham v. State46 N.W.2d 636 (Neb. 1951)
  2. State ex rel. Ayres v. Amsberry177 N.W. 179 (Neb. 1920)
  3. Dimmel v. State258 N.W. 271 (Neb. 1935)
  4. Goodman v. State269 N.W. 383 (Neb. 1936)

Most recent

  1. Cunningham v. State46 N.W.2d 636 (Neb. 1951)
  2. Goodman v. State269 N.W. 383 (Neb. 1936)
  3. Dimmel v. State258 N.W. 271 (Neb. 1935)
  4. State ex rel. Ayres v. Amsberry177 N.W. 179 (Neb. 1920)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Kock v. State, 102 N.W. 768 (Neb. 1905) 12

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