State v. Maher
Nevada Supreme Court
Appeal from the Fourth Judicial District Court, Ormsby County; G. E. Mach, Judge. Arnold Maher was convicted of grand larceny, and appeals. I. The court erred in not giving instructions Nos. 3, 4 and 16 to the jury as they were written and asked by the defendant’s counsel. Each is modified by the court.
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Appeal from the Fourth Judicial District Court, Ormsby County; G. E. Mach, Judge. Arnold Maher was convicted of grand larceny, and appeals. I. The court erred in not giving instructions Nos. 3, 4 and 16 to the jury as they were written and asked by the defendant’s counsel. Each is modified by the court. But, as they appear in the record, each fail to show how and wherein they were modified, although each bear the endorsement and signature of the trial judge, to wit: “Given as modified, C. E. Mack, District Judge.” This action on the part of the court was not in compliance with sections…
1Opinion of the Court
By the Court,
Massey, J.:
The appellant was charged by indictment with the crime of grand larceny, and upon a trial therefor was convicted, and sentenced to imprisonment for a term of five years. He appeals from the judgment.
First — It is contended that the court erred in refusing to give to the jury instructions numbered 2,12,13 and 14 asked by the appellant. Each of the instructions bears the endorsement of the district judge to the effect that it has been given in other instructions. It has been repeatedly decided by this court that it is not reversible error to refuse an instruction which…
2Cases cited16 opinions
- State v. MillainNevada Supreme Court · 1867
- State v. McLaneNevada Supreme Court · 1880
- Garrett v. StateIndiana Supreme Court · 1887
- State v. SmithNevada Supreme Court · 1875
- State v. WatermanNevada Supreme Court · 1865
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3Cited by5 opinions
- State v. BlydenburgSupreme Court of Iowa · 1907
- State v. BuralliNevada Supreme Court · 1903
- State v. JohnnyNevada Supreme Court · 1906
- State v. DouglasNevada Supreme Court · 1901
- Anderson v. StateNevada Supreme Court · 1965