State v. Johnson
Nevada Supreme Court
Appeal from tbe District Court of tbe First Judicial District, Storey County. Tbe defendant, having been convicted of tbe crime of assault with intent to commit bodily injury, was sentenced to confinement at bard labor in tbe State prison for tbe term of two years. He appealed from tbe judgment. I. An indictment under a statute must follow tbe statute strictly, and recite it substantially.
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Appeal from tbe District Court of tbe First Judicial District, Storey County. Tbe defendant, having been convicted of tbe crime of assault with intent to commit bodily injury, was sentenced to confinement at bard labor in tbe State prison for tbe term of two years. He appealed from tbe judgment. I. An indictment under a statute must follow tbe statute strictly, and recite it substantially. Neither tbe words contra formam statuti, nor any periphrasis, intendment, or conclusion will make good an indictment which does not bring tbe fact prohibited, in tbe doing of which tbe offense consists,…
1Opinion of the Court
*178By the Court,
Belknap, J.:
The legislature of 1873 amended section forty seven of the crimes act of 1861 by substituting for the offense, “ assault with intent to commit murder,” that of “assault with intent to kill.” Stats. 1861, 64; Stats. 1873, 119. Subsequently the defendant was charged by indictment with ‘ ‘ an assault with intent to commit murder.” The specific accusation reads: “that on the twenty-first day of April, A. D. 1873, or thereabouts, at the County of Storey, State of Nevada, without' authority of law, and with malice aforethought, with a deadly weapon, to wit: a knife, the…
2Cases cited2 opinions
- People v. PhippsCalifornia Supreme Court · 1870
- State v. AndersonNevada Supreme Court · 1867
3Cited by3 opinions
- State v. AltwatterIdaho Supreme Court · 1916
- State v. ClarkNevada Supreme Court · 1909
- State v. AngeloNevada Supreme Court · 1884