Johnson v. State
Case Details
- Judge(s)
- Whitfield
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
- State
- Nebraska
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
The Nebraska Supreme Court reversed the trial court's dismissal, holding that a minor under 14 employed in violation of the child labor law was injured in the course of employment, and the employer could be held liable. Case remanded for further proceedings.
Excerpt
From: the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Johnson, the appellant, and three others, were indicted for the murder of Harriet Caston; there was a severance, and appellant was separately tried, convicted of the murder, and sentenced to suffer death, from which conviction and sentence he appealed to the supreme court. On the trial of the ease the state offered proof of alleged confessions made by appellant to certain private citizens, one of whom promised at the time to intercede with the judge in an effort to keep appellant from being hanged, and also told appellant that it would be better for him to confess, as it would go lighter with him if he told the truth. To all of which evidence the defendant, now appellant, objected, but the court below overruled the objection and permitted the evidence to be introduced, and defendant duly excepted. The refusal of the charge asked by appellant, quoted in the opinion of the court, was assigned for error in appellant’s motion for a new trial, as was the above rulings on the evidence, and both were again assigned for error in the supreme court. The appellant is entitled to a reversal because the court admitted evidence over his objection, which was error. The purported confessions should not have been admitted in evidence. The record will clearly disclose the total, flagrant ineompetency of the alleged confessions, to which proper and legal objections and exceptions were taken. Williams v. State, 72 Miss., 117 (s.c., 16 South. Rep., 296) ; Ford v. State, 75 Miss., 101 (s.c., 21 South. Rep., 524) ; Rraughn v. Slate, 76 Miss., 574 (s.c., 25 South. Rep., 153); Hamilionv. Slate, 77 Miss., 675 ; Whitley v. Slate, 78 Miss., 255 ; Blalaclc v. State, 79 Miss., 517 (s.c., 31 South. Rep., 105) ; Ammons v. State, 80 Miss., 592 (s.c., 32 South. Rep., 9) ; Wright v. Slate, 82 Miss., 421; Macmasters v. Slate, 82 Miss., 459; Stanley v. Stale, 82 Miss., 498 (s.c., 34 South. Rep., 360).
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