State v. Milosovich
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; R. C. Stoddard, Judge. Chris Milosovich was convicted of murder in the second degree, and he appeals. The defendant did not have a fair and impartial trial. The court erred to the prejudice of the defendant, and against his constitutional rights, in refusing challenges to certain jurors. Defendant was entitled to a trial by twelve impartial men.
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Appeal from Second Judicial District Court, Washoe County; R. C. Stoddard, Judge. Chris Milosovich was convicted of murder in the second degree, and he appeals. The defendant did not have a fair and impartial trial. The court erred to the prejudice of the defendant, and against his constitutional rights, in refusing challenges to certain jurors. Defendant was entitled to a trial by twelve impartial men. Defendant was forced to go to trial with at least four men in the jury box whose minds, at the time the trial commenced, were prejudiced, and in two instances made up. 24 Cyc. 295-300; State…
1Opinion of the Court
By the Court,
Coleman, J.:
Appellant, having been convicted of murder in the second degree, has appealed. We do not think it necessary to make a detailed statement of the facts, as sufficient will be stated in considering each error to make our point clear.
1. It is first contended by counsel for appellant that the judge who presided at the trial was guilty of conduct prejudicial to the defendant in inquiring of each of the jurors, when examined on their voir dire, if he entertained any conscientious scruples against the infliction of the death penalty. The indictment charged a crime for which…
2Cases cited15 opinions
- Maher v. PeopleMichigan Supreme Court · 1862
- Hurd v. PeopleMichigan Supreme Court · 1872
- Ross v. StateWyoming Supreme Court · 1899
- State v. RaymondNevada Supreme Court · 1876
- Bullock v. StateCourt of Criminal Appeals of Texas · 1914
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. FouquetteNevada Supreme Court · 1950
- Hampton v. PeopleSupreme Court of Colorado · 1970
- State v. EconomyNevada Supreme Court · 1942
- State v. LewisNevada Supreme Court · 1927
- Harvey v. StateNevada Supreme Court · 1962
16 more not listed; retrieve them via the Exa API.