State v. Watkins
Nevada Supreme Court
Appeal from the District Court of tbe Fourth Judicial District, Humboldt County. Tbe defendant was convicted of burglary, aud sentenced to imprisonment in the state prison for the term of one year. Pending, tbe trial, the defendant’s counsel objectecl to any evidence being offered as to the goods being found in possession of tbe defendant, upon the ground that tbe corpus delicti bad not been proven.
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Appeal from the District Court of tbe Fourth Judicial District, Humboldt County. Tbe defendant was convicted of burglary, aud sentenced to imprisonment in the state prison for the term of one year. Pending, tbe trial, the defendant’s counsel objectecl to any evidence being offered as to the goods being found in possession of tbe defendant, upon the ground that tbe corpus delicti bad not been proven. The court, in overruling this motion, said, in the presence of tbe jury: “I presume tbe first tiling counsel did was to try to prove tbe entry. Tbe fact that tbe witness testified that there were…
1Opinion of the Court
*34By the Court,
Beatty, J.:
The defendant was convicted of burglary, and on appeal from the judgment assigns numerous errors, most of which involve more or less directly the construction of the statute defining that crime. It is defined as follows: “Every person who shall, in the night-time, forcibly break'and enter, or without force (the doors or windows being open) enter any dwelling-house, tent, etc., with intent to commit murder, robbery, * * * petit larceny, or any felony, shall be deemed guilty of burglary,” etc. (Comp. Laws, sec. 2365.)
The position of the appellant is that there are two…
2Cited by13 opinions
- People v. BrittainCalifornia Supreme Court · 1904
- State v. HartleyNevada Supreme Court · 1895
- McNeeley v. StateNevada Supreme Court · 1965
- State v. AdamsNevada Supreme Court · 1978
- Highfill v. StateCourt of Criminal Appeals of Oklahoma · 1924
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