Omaha daily bee., 1901-01-24
SUPREME COURT PROCEEDINGS
Cicero II. Thompson E>onernted of
the Murder Of soldier Near
Crawford.

LINCOLN, Ian. 23--(Special. THE SUI
preme court tonight handed down an opin-
ion reversing the decision of the lower court
holding Cicero II. Thompson guilty Of the
murder OF Private London. soldier be-
longing to troop stationed at Fort Robin
son. The crime for which he was tried was
committed in Cherry county. He was SEN
fenced to fifteen years Imprisonment in
the state pCpitentiary. The syllabus of the
opinion is:
An instruction charging that IAN assault
on the house can be lawfully resisted to the
extent of killing the aSsailant only in case
the assault Is made with the intent either
OF taking the life of the inmate or OF doing
him great bodily harm and that such re-
sistancc was necessary to prevent such
crime, or in case the inmate. acting
honestly, had reason to believe from the
acts, facts and circumstances, and in fact
did believe, that IT was necessary 20 pre-
vent the commission of such crime is err
roueous.
4 man may defend his domicile even TO
the extent of taking life If II be actually or
apparently necessary to do so in order to
prevent the commission of q felony therein
Whether this is the practice limit of the
domiclliary Is not determined.
The submission TO "A jury, OF theory
which has no basis in the evidence is error
Evidence that money or goods were OBJ
taincd from n man by taxing him with the
practice of an abominahlc wickedness and
threatening to expose him may be sufil-
cient to establish the crime of robbery,
kill as Il necessary measure OF defense a
person who attempts To enter with the IN
teniion of cNtorting money by charging MN
with n commission of an infamous onenSe
against nature and threateing to expose him
| to public reprobation and contempt
An instruction which msstatcs the law Is
not cured by giving another which states II
correctly. The jury should not be required
TO choose between conflicting instructions.
A plea in abatement grounded on the fact
that defendant had two preliminary eNami-
nations and that on the first he was held
for a lower grade of crime than upon the
one which is the basis of the Information
| filed against him II demurrahle.
| The decision remands the Thompson case
! to the trial court. where the defendant
will have another chance to obtain freedom.
| The court denied motion for a rehearng
| of the case of Horton against the state
| ex rel Hayden. The former opinion OF the
supreme court and which was affirmed by
| the denial of the motion for rehearne
reversed tho decision of the district court
of Douglas county. The case grew out of a
disagreement between the stockholders OF
the Transmississippi exposition. The dis
| trict court ordered the directors to pay
back to Hayden and others about $4,000
that had been paid for stock. The supreme
court reversed that order, giving the ex-
position company verdict for the amount
| involved.
other cases we're:
Ogg against Shultz, reversed
| omaha against RediCk, affirmed.
| Connecticut Trust and Safe Deposit COM
pany against Fletcher, reversed.
! Orient Insurance company against Hayes
| affirmed,
| Kuhn against Nelson affirmed.
| Dunn against Douglas county, affirmed.
| Home Insurance company against col
| lins, reversed.
| BANKERS Life association. Des Mones,
against Commissioners Douglas county,
affirmed.
Globe Loan and Trust company against
Eller. affirmed.
Streeter against Stalnaker, affirmed
state against Bank Of Commerce, Grand
! Island, affirmed.
Brown against Sloan, aihrmed.
Carter against Gibson. affirmed.
Watson against Cowles, reversed.
Stewart against Hole. affirmed.
Sandage against State, reversed.
Robey aga Inst state. reversed
The following causes were submitted or
briefs: Cumming against Peoples Buildin!
and Loan Association. error CaSs. Jerabel
against Kennedy; error Nance. Garret
against Republican Publishing Company
Marley; error Holt. President and Direc
tors Insurance Company OF North Americf
against Ackerman; appeal Douglas Green
wood against lngersoll; error )ougias. thi
pany against Williams. error Seward. Nc
Cullough against Dovey; appeal Cass. Do
rerty against Linn; error Douglas.
The following cases were argued and sub
mitted Chicago, burlington Quincy
} Railroad Company against Wolfe; erro
Phelps County OF Hayes against Christ
| ner; error Hayes County of Dodge agains
Aeon; error Dodge.
The following causes were continued Z
February &: State against Missouri Pacih
Railroad Company; original State a8ains
Union Pacific Railroad Company; original
, The following causes were continued