State v. Pearce
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. The facts appear in the opinion. I. The district court erred in excluding the evidence offered on behalf of defendant touching his general disposition and character for peace and quietness. Such evidence is relevant and important in all criminal cases.
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Appeal from the District Court of the Second Judicial District, Ormsby County. The facts appear in the opinion. I. The district court erred in excluding the evidence offered on behalf of defendant touching his general disposition and character for peace and quietness. Such evidence is relevant and important in all criminal cases. It was admissible in favorem vitae, as reflecting upon the probability or improbability of the evidence adduced against him, and •also upon the truth or falsity of his defense. (1 Taylor on Ev., sec. 325; Beg. v. Boivton, 1 Whart. Or. L., sec. 636.) Defendant was not…
1Opinion of the Court
By the Court,
Hawley, J.:
The defendant, Pearce, was convicted of murder in the second degree, for the killing of Samuel Halsey, at Sweet-water, in Esmeralda county, on the twenty-fourth of November, 1878, and sentenced to the state prison for a term of twenty years.
We are of opinion that the errors assigned, upon which appellant seeks a reversal, are untenable.
1. The court did not err in excluding the questions asked of the witnesses, Curran and Wilson, as to their individual knowledge of the good character and disposition of the defendant for peace and quietness. There was no offer made to…
2Cited by8 opinions
- People v. . Van GaasbeckNew York Court of Appeals · 1907
- State v. BoyleNevada Supreme Court · 1926
- State v. MiddlehamSupreme Court of Iowa · 1883
- State v. HelmNevada Supreme Court · 1949
- State v. SellaNevada Supreme Court · 1917
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