Legal Opinion · Dissent

State v. Scott

Nevada Supreme Court

Decided July 15, 1914No. 2094Published

Appeal from Sixth Judicial District Court, Humboldt County; Edward A. Ducker, Judge. Bert Scott was convicted of murder in the first degree, and he appeals.

1DissentTalbot, C. J.

I am unable to agree with the conclusions of my learned associates regarding either the facts or the law pertaining to this case.

At the outset, I must dissent from any assertion that the deceased was the assailant in all the altercations, and particularly from the statements in the prevailing opinion that: "The record in this case discloses evidence produced by the state, depicting the circumstances of three distinct altercations occurring in succession between the deceased *434and the defendant, in each of which the state’s evidence undeniedly shows the deceased tohave been the aggressor. ” "The…

2Cases cited67 opinions

  1. State v. CantienySupreme Court of Minnesota · 1885
  2. State v. LarkinNevada Supreme Court · 1876
  3. State v. HartleyNevada Supreme Court · 1895
  4. People v. YslasCalifornia Supreme Court · 1865
  5. Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878

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