# Boeche v. State

> Nebraska Supreme Court · May 19, 1949 · 151 Neb. 368

URL: https://www.frixlaw.com/law-library/cases/8039330

## Case

- **Full name:** Eileen Boeche, in error v. State of Nebraska, in error
- **Court:** Nebraska Supreme Court
- **Decided:** May 19, 1949
- **Citations:** 151 Neb. 368; 37 N.W.2d 593; 1949 Neb. LEXIS 98
- **Precedential status:** Published
- **Opinion:** Concurrence by Wenke
- **Judges:** Boslaugh, Carter, Chappell, Herein, Messmore, Simmons, Wenke, Yeager
- **Cited by:** 33 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8039330

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8039330. Public record. Not legal advice.