State v. Hymer
Nevada Supreme Court
Appeal from the District Court of the Fourth Judicial District, Humboldt County. Tlio defendant was convicted of murder in the first degree and sentenced to be hanged.
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Appeal from the District Court of the Fourth Judicial District, Humboldt County. Tlio defendant was convicted of murder in the first degree and sentenced to be hanged. The instruction relating to murder referred to in tbe opinion of tbe court reads as follows: “In dividing murder into two degrees, tbe legislature intended to assign to the first, as deserving of greater punishment, all murder of a cruel and aggravated character, and to tho second, all other kinds of murder which are murder at common law, and to establish a test by which the degree of every case of murder may be readily…
1Opinion of the Court
By the Court,
Hawley, J.:
1. The court did not err in refusing to strike out all the testimony of the witness Collins. Some, if not all, of the testimony set forth in the bill of exceptions was clearly admissible. But even if it was not, the objection of appellant would still be untenable, because the bill of exceptions does not show that it contains all of the testimony of said witness.
The presumption would therefore be, that the witness did give material and relevant testimony.
If appellant desired to have the court strike out any portion of the testimony, he should have specified that part…
2Cases cited1 opinion
- State v. HarrisNevada Supreme Court · 1877
3Cited by14 opinions
- State v. VanceWashington Supreme Court · 1902
- State v. HartleyNevada Supreme Court · 1895
- State v. LarkinsIdaho Supreme Court · 1897
- State v. JohnnyNevada Supreme Court · 1906
- Hawley v. DawsonOregon Supreme Court · 1888
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