State v. Keith
Nevada Supreme Court
Appeal from tbe District Court of tbe Ninth Judicial Dis trict, Elko County. The defendant was indicted for the crime of assault with intent to commit murder by shooting Edward Mitchell with a pistol in Elko County on or about December 25, 1872. He was tried and convicted as charged in the indictment, and afterwards sentenced to incarceration in the State prison for the term of one year.
Read the full summary
Appeal from tbe District Court of tbe Ninth Judicial Dis trict, Elko County. The defendant was indicted for the crime of assault with intent to commit murder by shooting Edward Mitchell with a pistol in Elko County on or about December 25, 1872. He was tried and convicted as charged in the indictment, and afterwards sentenced to incarceration in the State prison for the term of one year. He appealed from the judgment and an order of the court below denying his motion for a new trial. The transcript on appeal did not contain any of the testimony. I. Where the evidence is not brought up, the…
1Opinion of the Court
By the Court,
Hawley, J.:
It is claimed by appellant that the court below erred in giving four instructions, asked by the prosecution. There is no evidence in the transcript, and it is contended by appellant that if either of the instructions are erroneous under any conceivable state of evidence, it is the duty of this Court to presume prejudice to defendant. The true rule is just the reverse. When no testimony is presented, it is always presumed by appellate courts that the instructions given in the lower court were applicable to the proofs in that particular case; and the instructions should…
2Cases cited6 opinions
- People v. BealobaCalifornia Supreme Court · 1861
- State v. ForshaNevada Supreme Court · 1872
- State v. StanleyNevada Supreme Court · 1868
- State v. PierceNevada Supreme Court · 1873
- People v. McDonaldCalifornia Supreme Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lumpkin v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Prince v. United StatesCourt of Criminal Appeals of Oklahoma · 1910
- Allen v. StateNevada Supreme Court · 1982