State v. McCluer
Nevada Supreme Court
Appeal from the District Court of the Sixth Judicial District, Lander County. The defendant was indicted at the September Term, 1868, of the Court below, for the murder of John H. Walker, committed in Lander County on July 29th, 1868, by shooting with a gun. The trial came on at the same term and resulted in a conviction for murder in the first degree. Motions in arrest of judgment and for a new trial having been overruled, the defendant appealed.
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Appeal from the District Court of the Sixth Judicial District, Lander County. The defendant was indicted at the September Term, 1868, of the Court below, for the murder of John H. Walker, committed in Lander County on July 29th, 1868, by shooting with a gun. The trial came on at the same term and resulted in a conviction for murder in the first degree. Motions in arrest of judgment and for a new trial having been overruled, the defendant appealed. The charge of the Court below left the jury to infer, that even if from a view of the whole case — that is, from a consideration of the testimony…
1Opinion of the Court
*135By the Court,
Lewis, C. J. :
The Court below in submitting this case to the jury, charged them in reference to the degree of proof on the part of the State necessary to a conviction, and on that of defendant tó an acquittal, in this manner: “ If however you should be satisfied beyond all reasonable doubt that the defendant did, on or about the twenty-ninth day of July last, in Lander County, voluntarily, that is intentionally, kill John H. Walker, the law raises the presumption that the killing was malicious, and consequently that it is murder ; and unless the same proof that establishes the…
2Cases cited6 opinions
- The People v. . McCannNew York Court of Appeals · 1857
- Hopps v. PeopleIllinois Supreme Court · 1863
- Hall v. StateIndiana Supreme Court · 1858
- People v. CoffmanCalifornia Supreme Court · 1864
- French v. StateIndiana Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- State v. RogersIdaho Supreme Court · 1917
- Frank v. United StatesCourt of Appeals for the Ninth Circuit · 1930
- Hill v. PeopleSupreme Court of Colorado · 1872
- Anderson v. Territory of ArizonaArizona Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.