State v. Levigne
Nevada Supreme Court
Appeal from the District Court of the Third Judicial District, Esmeralda County. The facts appear in tlie opinion. I. The court erred in striking out a portion of the third instruction and substituting words of its own in lieu thereof, because there was no evidence upon which to base the words inserted by the court. There was no evidence that the defendant attempted to shoot, or did shoot, Rieard prior to the attack made by Rieard upon the defendant. II.
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Appeal from the District Court of the Third Judicial District, Esmeralda County. The facts appear in tlie opinion. I. The court erred in striking out a portion of the third instruction and substituting words of its own in lieu thereof, because there was no evidence upon which to base the words inserted by the court. There was no evidence that the defendant attempted to shoot, or did shoot, Rieard prior to the attack made by Rieard upon the defendant. II. The court erred in giving the instruction as to the assault, because there is no evidence to show that the defendant assaulted Rieard in…
1Opinion of the Court
By the Court,
Leonard, J.:
Appellant was convicted of the crime of manslaughter, for-the killing of Joseph Bicard, in Esmeralda county, May 29, 1882. He appeals from an order overruling his motion for a new trial, and from the judgment.
1. The defendant requested the court to instruct the jury as follows: “Third: If the jury find from the evidence that the defendant, as a reasonable man, had cause to believe, and did believe, that, at the time he shot at Joseph Bicard, he was in serious danger of receiving great bodily injury or of being killed by said Bicard, unless he shot said Bicard, he was…
2Cases cited5 opinions
- Moresi v. SwiftNevada Supreme Court · 1880
- State v. SmithNevada Supreme Court · 1875
- State v. DavisNevada Supreme Court · 1879
- State v. RiggNevada Supreme Court · 1875
- People v. GleasonNevada Supreme Court · 1865
3Cited by4 opinions
- The People v. DwyerIllinois Supreme Court · 1927
- State v. SlingerlandNevada Supreme Court · 1885
- United States v. SnowUtah Supreme Court · 1886
- State v. ShockleyUtah Supreme Court · 1905