State v. Trolson
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Storey county. Bichard Rising, District Judge. The facts sufficiently appear in the opinion, I. The indictment is insufficient. The facts averred do not constitute a public offense. The court had no. jurisdiction of the subject matter. The act of 1887, under which the indictment was drawn, is entirely silent as to intent and there is no intent alleged in the indictment.
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Appeal from the District Court of the State of Nevada, Storey county. Bichard Rising, District Judge. The facts sufficiently appear in the opinion, I. The indictment is insufficient. The facts averred do not constitute a public offense. The court had no. jurisdiction of the subject matter. The act of 1887, under which the indictment was drawn, is entirely silent as to intent and there is no intent alleged in the indictment. The act of 1887 was intended to amend the Gen. Stats, on the subject of embezzlement in which an intent is essential. In statutory offenses there must be an evil intent,…
1ConcurrenceBigelow, J.
To what has been said by the chief justice,’ I desire to add: 1. The objection to the indictment that it does not state facts sufficient to constitute a public offense is not waived by a failure to make the point in the district court either by demurrer or upon motion in arrest of judgment. Such an objection may be taken for the first time in the appellate court. (State v. Mach, 20 Or. 234; Lemons v. State, 4 W. Va. 755; State v. Sims, 43 Tex. 521.)
2. The indictment follows the language of the statute of 1887, ix 81, and under that statute is certainly sufficient, as is abundantly shown by…
2Cases cited6 opinions
- Lemons v. StateWest Virginia Supreme Court · 1870
- School District No. Two v. StoughNebraska Supreme Court · 1876
- State v. SimsTexas Supreme Court · 1875
- Stricklett v. StateNebraska Supreme Court · 1891
- State v. MackOregon Supreme Court · 1891
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