Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-12-24
SUPREME COURT SYLLABl

that their rights may be protected. II takes
the land subject TO such liens az are p Ii92I
to the rights OF the parties TO the pr0'eso-
1 Real estate cannot be taken by con.
demston RroSesGinss Sn Tst made or se
cured. All parties having an interest," IN
the land are owners within the mean
ing Of the statute. A lien Tor taxes II
such an interest in the land. -.
142ls Lucas against State. Error from
Phelps. Reversed and renamed eeok-
wick, j. Holcomb, c. j., took no part In
/ The Constitution guarantees to every
impartial jury. II there is such a prejudice
In the minds Of the people OF the county
against the defendant. or such Arm con,
against him that there is substantial and
well founded reason to believe that he can
constitution requires that the venue be
changed. The trial court must exercise
discretion in determining these facts, but
has 90 discretion to refuse the change Of
venue when these facts appear.
2 The determination Of the trial court
Change Of venue VIII not be- u iDr
less IL appears from the record that its
conclusion is wrong, Its discretion In the
matter is legal and not m arbitrary one
8. The defendant in a cri sinal trial Is not
pretudiced by the denial of his application
FOR continuance upon the ground OF the alb
sence of material witnesses II the matter
TO be proved by the evidence of the absent
witnesses is conclusiyely established upon
controverted by the state.
4. The guaranty OF the constitution that
shall have the right OF trial by an Inn
partial jury" should be carefully guarded
BY the courts, 1t is not competent for the
.. Section 46S of the criminal code pro-
vides that a Juror who is preJudiced against
the accused is not competent nor Is one
who has an opinion as to the guilt or inno-
cense of the accused, unless he says on
oath, that he feels able. notwithstanding
such opinion, to render an impa rtial YER
dict upon the law and the evidence.
g. A juror who has an opinion as to tho
guilt or innocense Of the accused, from
whatever source he has acquired the in
formation on which that opinion Is based,
Is not rendered competent by the mere fact
that he says, on oath, that he feels able
Notwithstanding such opinion TO render an
impartial verdict upon the law and the ev-
idence; IT must affirmatively appear from
| the whole evidence upon a fair examina-
! ton, that he is impartial.
,nro The court curt mus must he satisfied that n.
whole evidence in the light OF the circun-
! stances, including the conduct and de-
meanor Of the juror, must show affirma
| s. In criminal trials the verdict OF guilty
is not supported by the evidence unless
each element OF the crime charged is
proved beyond reasonable doubt. 4 hnd-
Ing of malice or criminal intent must be
derived from the facts proved and not from
1920. oulsenberry against School District
No 49, g. Han Ia COUNT Appeal FROM Hall At
I. The records and proceedings of school
| district meetings are not to be given a mar
| row and technical construction, but should
| be construed in such manner as to give
effect TO the manifest intention OF the
voters. II the same can be ascertained from
| the record
| 2. Resolutions set forth in opinion. Held,
| sufficient to vest the officers OF a school dis
| trict with power to sell the schoolhouse
and to build a new one upon the designated
| site
1929. Newly against State Error from
! Saline. Reversed and remanded. Barnes, ].
| To charge the crime OF having posses
sion OF a forged, false and altered deed
with intent to utter and publish the same
| as true and genuine with intent to damage
! or defraud. as defined In the last clause OF
| section 1i5 OF the Criminal Code, the words
| knowing the same to be false, or their
| equivalent. must appear in the information:
| and where such words are wholly omitted
the information will not sustain convic-
| ton.
| 1882 State ex rel. Mickey against Re
neau. Writ denied Per curtain.