Opinion

Boeche v. State

  • 151 Neb. 368
  • 37 N.W.2d 593
  • 1949 Neb. LEXIS 98
Court
Nebraska Supreme Court
Filed
May 19, 1949
Status
Published
Author
Wenke
On the bench
Boslaugh, Carter, Chappell, Herein, Messmore, Simmons, Wenke, Yeager
Cited by
33 cases
Authority
More cited than 5.1%

disapproving instruction to jury that alibi defense was proper and legitimate “ ‘if proven’ ” and that defendant did not have burden of proving alibi beyond reasonable doubt

How later courts described this case

  • disapproving instruction to jury that alibi defense was proper and legitimate “ ‘if proven’ ” and that defendant did not have burden of proving alibi beyond reasonable doubt
  • where court cited Frye in holding that use of polygraph had not yet received general scientific acceptance

Written by the judges who cited it.

The opinion

Wenke, J.,

concurring.

Although I am in accord with the conclusion reached by the majority .that the judgment should be reversed and the cause remanded, I am not in accord with the basis adopted by the majority for arriving at that conclusion.

Under a factual situation as set forth in the majority opinion I do not believe the instruction given by the trial court was prejudicially erroneous. My reasons for disagreeing are sufficiently set out in my dissent in Schluter v. State, ante p. 284, 37 N. W. 2d 396 .

However, for the reasons stated in the concurring opinion of Judge Chappell, with which I am in full accord, the conclusion arrived at by the majority is, in my opinion, the proper one.

Carter, J., joins herein.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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