The Norfolk weekly news-journal., 1911-10-13
Joe Mckay Gets Second Trial.

Lincoln, Oct Especial to The
News NJ. f. Harrngton's alleged
unsolicited interference in the Mckay
murder trial in Antelope county is one
of the reasons given by the supreme
court for its reversal of the verdict
whereby Joe Mckay was found guilty
of the murder of Albert Brown. Har-
rington assisted the prosecution with.
out being requested to do so by the
county attorney or being appointed by
the district court
The court also based its reversal
on the ground that the prosecution
Haunted before the jury bloody gar
ments that proved nothing more than
that a murder had been committed.
Other errors are involved, including
the permission of the trial court that
the date of the crime, as charged in
the Indictment, be changed from Dec.
!, 1910, to Dec. !, 1909. Judge Faw-
cett wrote the opinion, Judge Letton
dissenting in part.
The Courts Ruling.
l. An information is fatally defect
i've if it charges the commission of
the offense as subsequent to the date
upon which the information is filed or
on an otherwise impossible date.
. And in such case it is error for
the trial court, after permitting an
amendment curing such defect, TO re-
quire the accused, over his objection,
to Immediately proceed with the trial
without arraignment under and plea
to the only information filed which
stated an Otfense, without giving him
the statutory time in which to plead
thereto, ana before a jury which had
| been impaneled under q void informa-
/ ton
3. Who're one accused of a felony
/ is put upon trial under an informa-
| ton void upon its face and, after trial
/ Is begun the information is amended
and the trial proceeded with, held,
I jLat the accused is not thereby placed
/ In jcODarly a second time
i. Under the provisions Of section
/ 20, chapter :, ,be compiled statutes.
private counsel can only be permitted
( TO assist in the prosecution of a per-
son charged with the crime of felony,
when procured by the county attor-
noy under the direction of the dis
trict court
3. And an order by the district court
at the opening Of the trial that an at
. torucy appearing as private prose
/ cutor, under the employment of out
side parties, is permitted" to assist
i'm the prosecution, is not a compl-
ance with the statutory provision
6 And when timely objection is
made by the accused to the participa.
ton of such private prosecutor in the
. prosecution OF the case, it is error to
override such objection.
7. An accused in a criminal prosecu.
ton is entitled to a trial upon COM
petent, relevant evidence; evidence
which at least tends to establish his
guilt or innoccnce and evidence which
has no tendency, but which, if effect.
i've at all, could only serve to excite
the minds and infIame the passions OF
the jury should not be admitted.
Judge Letton Dissents.
judge Letton in dissenting from the
holding that it was reversible error
10 permit other counsel to assist the
county attorney says he believes the
opinion. on this point is opposed "a
former decisions Of this court and is
|against the weight Of authority
when the county attorney allows
private counsel to appear with him.
says Judge Lotton and assist him in
the trial without objection, it is clean
that he desires his assistance, other
wise he could summarily dismiss him
from the case, and when the fact that
such counsel is employed and his as
sistance is desired by the county at