State v. Smith
Nevada Supreme Court
Appeal from tbe District Court of tbe Third Judicial District, Esmeralda County. Tbe court below refused tbe fourth and fifth instructions asked by tbe defendant and copied and referred to in tbe opinion of tbe court, for tbe reason that tbe “evidence shows defendant was assailant, and instructions assume be might be assailant and then kill to avoid danger to himself.” The facts are stated in the opinion.
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Appeal from tbe District Court of tbe Third Judicial District, Esmeralda County. Tbe court below refused tbe fourth and fifth instructions asked by tbe defendant and copied and referred to in tbe opinion of tbe court, for tbe reason that tbe “evidence shows defendant was assailant, and instructions assume be might be assailant and then kill to avoid danger to himself.” The facts are stated in the opinion. I. In requiring the prosecution to open, the law contemplates a review of the testimony and a statement of what is claimed to have been proved on the part of the State and the law applicable…
1Opinion of the Court
By the Court,
Beatty, J.:
The defendant was indicted for murder, convicted of manslaughter, and sentenced to be imprisoned in the State prison for nine years. He appeals to this Court, upon various assignments of error, from the judgment and the order denyinghis motion for a new trial.
The first point urged in his behalf is that “ the court below erred in denying the defense the opportunity of replying to the leading, main and only argument made by the prosecution in closing.” It appears from the bill of exceptions that on the close of the testimony Davies, counsel for defendant, moved the court…
2Cases cited2 opinions
- Ex parte GibsonCalifornia Supreme Court · 1867
- People v. YbarraCalifornia Supreme Court · 1860
3Cited by22 opinions
- State v. FouquetteNevada Supreme Court · 1950
- State v. ShockleyUtah Supreme Court · 1905
- State v. HallNevada Supreme Court · 1932
- People v. ButtonCalifornia Supreme Court · 1895
- In re CrowWisconsin Supreme Court · 1884
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