Opinion

State v. Riley

  • 182 Neb. 300
  • 154 N.W.2d 741
  • 1967 Neb. LEXIS 497
Court
Nebraska Supreme Court
Filed
Dec 1, 1967
Status
Published
Author
Smith
On the bench
White, Carter, Spencer, Boslaugh, Smith, McCown, Newton
Cited by
20 cases
Authority
More cited than 7.8%

The opinion

McCown and Smith, JJ.,

concurring in result.

The evidence established that defendant Reichel’s palm print and fingerprints had been separately taken after his arrest in 1966. Both of these were identified and connected with the latent prints at the scene of the crime. The prosecution later introduced an additional fingerprint record of Reichel taken from the police files and likewise identified and connected it. The majority opinion concedes that the additional fingerprint identification as to Reichel was cumulative, but holds it “extremely relevant” and admissible. Where the fingerprint identification had already been established by proper evidence, the later introduction of additional fingerprints from the police files not only was cumulative, but the purpose of its introduction might reasonably be said to have been directed at the inference, of prior criminal activity and prior police contact rather than fingerprint identification. Under such circumstances, it was extremely “irrelevant” rather than “relevant” and it should have been inadmissible. This court should not even indirectly imply an approval of such procedure. In “a close case” or in a case in which the purpose as *308 to evidence of “other crimes” is more clear, the majority holding on this issue is probably insupportable. People v. Van Cleave, 208 Cal. 295 , 280 P. 983 .

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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