State v. Forsha
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. The defendant was indicted for the murder of Thomas Kelly at Reno in Washoe County on December 10, 1871. She was tried in January, 1872, and convicted of murder in the second degree, and was afterwards sentenced to the State prison for the term of twenty-seven years. She appealed from the judgment and orders refusing motions for new trial and in arrest of judgment.
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Appeal from the District Court of the Second Judicial District, Washoe County. The defendant was indicted for the murder of Thomas Kelly at Reno in Washoe County on December 10, 1871. She was tried in January, 1872, and convicted of murder in the second degree, and was afterwards sentenced to the State prison for the term of twenty-seven years. She appealed from the judgment and orders refusing motions for new trial and in arrest of judgment. The transcript on appeal embraced the written charge of the court below and the instructions asked and given, but contained no bill of exceptions or…
1Opinion of the Court
*139By the Court,
Lewis C. J.:
There is no bill of exceptions in this case; but it is claimed that any error committed in the instructions and charge given to the jury may be reviewed without it, and such are the only errors complained of in this court.
But the charge given by the court of its own motion is not made a part of the record, and therefore can only be brought to this court by means of a bill of exceptions. Sections 426 and 450 of the Criminal Practice Act have reference only to instructions asked by the respective parties and not to the charge of the court, as the language clearly shows;…
2Cited by12 opinions
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- State v. DouglasNevada Supreme Court · 1901
- Anderson v. StateNevada Supreme Court · 1965
- State v. RoverNevada Supreme Court · 1878
- State v. RoverNevada Supreme Court · 1876
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