State v. MacKinnon
Nevada Supreme Court
Appeal from Seventh Judicial District Court, Mineral County; Emmett J. Walsh, Judge. Hector MacKinnon was convicted of assault with a deadly weapon, and appeals. The information is fatally defective, in that it does not state facts sufficient to constitute a public offense, and particularly the offense with which the defendant was sought to be charged, or the offense of which the appellant was convicted.
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Appeal from Seventh Judicial District Court, Mineral County; Emmett J. Walsh, Judge. Hector MacKinnon was convicted of assault with a deadly weapon, and appeals. The information is fatally defective, in that it does not state facts sufficient to constitute a public offense, and particularly the offense with which the defendant was sought to be charged, or the offense of which the appellant was convicted. Under the law it is required that the allegations of an information be direct and positive in regard to the facts constituting the alleged offense. The facts cannot be supplied by inference,…
1Opinion of the Court
By the Court,
Coleman, J.:
The defendant was convicted of an assault with a deadly weapon, and from the judgment of the court he appeals.
1, 2. The first ground urged for a reversal of the judgment is that the information is fatally defective, in that it fails to allege that the defendant had the present ability to make an assault upon the person named in the information. Our statute defines an assault as:
“An unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Rev. Laws, 6412.)
Section 7050, Revised Laws, 1912, reads:
“The indictment must…
2Cases cited4 opinions
- State v. YoesWest Virginia Supreme Court · 1910
- Buettner v. BuettnerNevada Supreme Court · 1973
- In re BreckenridgeNevada Supreme Court · 1911
- State v. PappasNevada Supreme Court · 1915
3Cited by5 opinions
- State v. HallNevada Supreme Court · 1932
- Polito v. StateNevada Supreme Court · 1955
- Ross v. StateNevada Supreme Court · 1981
- State v. MuldoonNevada Supreme Court · 1929
- Wade v. StateNevada Supreme Court · 1981