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Knihal v. State
Nebraska Supreme Court
36 N.W.2d 109 (1949)
Stephen Knihal (defendant) was bartending when a disagreement arose between him and Shymkawicz. Witness testimony differed as to what happened next, but ultimately, Knihal fired a shotgun that killed Martin Urn, who was also at the bar. At trial, the prosecution (plaintiff) introduced two photographs. The photographer testified that both photographs were taken inside the bar about one hour after the shooting and that one of the photographs included Knihal. No other explanation or description of the photographs was given. One photograph depicted a man standing in the bar with his back to the photographer and a man in a white jacket facing the photographer with a shotgun in his hand. The second photograph depicted a man lying on the ground in the bar. Knihal was convicted of manslaughter, and he appealed.
Rule of Law
Holding and Reasoning (Simmons, C.J.)
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