DocketNumber: No. 21532
Citation Numbers: 105 Neb. 301
Judges: Rose
Filed Date: 12/4/1920
Status: Precedential
Modified Date: 9/9/2022
In the district court for Douglas county Albert Jackson, defendant, was convicted of murder in the first degree, and for that felony was sentenced to the penitentiary for life.
. As plaintiff in error he has presented for review the record of his conviction.
The tragedy occurred on a public street in daylight. Eyewitnesses testified to the following facts: Defendant was city dog-catcher. While he and William Hockley, both armed, were in an automobile driven by the latter around a short, right curve, up grade, on an approach to the viaduct, mentioned, they ran into a two-horse team attached to a wagon occupied by Joseph McCool and Bert Mitchell, who were going down grade in the opposite direction along the other side of the curve. As a result of the collision the wagon tongue was broken and the harness was injured. Beginning with McCool, Avhose property had been damaged without fault on his part, there was an exchange of harsh words between him and defendant. Both dismounted, and while McCool, a man about 60 years’ old, was at the heads of his horses, he was violently struck on the head by defendant. During the assault on McCool defendant had a, gun in one hand. At this point Roy Teeter, a young man who was unarmed, but who happened to be near, walked up to defendant, reproached him for striking an old man, and knocked him doAvn with a blow from a naked fist. Here Hockley, who had driven the automobile occupied by him and defendant into McCool’s team, interfered, and, using a revolver as a weapon, forced Teeter back a distance estimated by one witness at 15 feet and by another witness at about 40 feet. In the meantime
Affirmed.