State v. Myatt
Nevada Supreme Court
Appeal from the District Court of the Ninth Judicial District, Elko County. Defendant was indicted for the murder of James Morgan by shooting him with a pistol, on the 21st day of December, 1873, at the town of Elko, in Elko County. He was tried March 28, 1874, and found guilty of murder in tbe second degree, and sentenced to imprisonment in the State prison at hard labor for the term of twelve years. This appeal is from the judgment.
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Appeal from the District Court of the Ninth Judicial District, Elko County. Defendant was indicted for the murder of James Morgan by shooting him with a pistol, on the 21st day of December, 1873, at the town of Elko, in Elko County. He was tried March 28, 1874, and found guilty of murder in tbe second degree, and sentenced to imprisonment in the State prison at hard labor for the term of twelve years. This appeal is from the judgment. There was no appearance upon the part of counsel for appellant in the Supreme Court. The facts considered are fully stated in the opinion.
1Opinion of the Court
By the Court,
Hawley, C. J.:
Appellant was convicted of murder in the second degree. In the assignment of errors it is claimed that “there is no *164evidence stowing,' or tending to show, that the defendant shot 01; killed James Morgan.” The evidence is circumstantial. James Morgan (deceased) was shot on the night of December 21, 1873, with a pistol-ball, which penetrated through the door of his room, at No. 4 adobe row, in the town of Elko. The circumstances tending to prove the guilt of Myatt (defendant), briefly stated, are as follows: On the night of the homicide the parties were both…
2Cited by6 opinions
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- Linville v. ClarkNevada Supreme Court · 1908
- State v. JormeNevada Supreme Court · 1912
- Potosi Zinc Co. v. MahoneyNevada Supreme Court · 1912
- State v. CecchettiniNevada Supreme Court · 1921
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