State v. Angelo
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. The facts are stated in the opinion. I. The indictment is fatally defective. It fails to allege or refer to any warrant or commitment authorizing defendant’s incarceration in the state prison. (State v. Holton, 22 Kan. 580 ; 2 Wharton Free. 923, 924; 1 Comp. L’aws, sec. 2076; Hurd on ITab.
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Appeal from the District Court of the Second Judicial District, Ormsby County. The facts are stated in the opinion. I. The indictment is fatally defective. It fails to allege or refer to any warrant or commitment authorizing defendant’s incarceration in the state prison. (State v. Holton, 22 Kan. 580 ; 2 Wharton Free. 923, 924; 1 Comp. L’aws, sec. 2076; Hurd on ITab. Corp. 252.) If defendant committed the acts charged in the body of the indictment, he was guilty of an escape, a different crime altogether from that charged against him. (State v. Davis, 14 Nev. 445.) II. The jury were not…
1Opinion of the Court
By the Court,
Hawley, C. J.:
Appellant, having been convicted of an overt attempt to escape from the state prison, seeks the intervention of this court for a new trial.
1. He claims that his demurrer to the indictment should have been sustained upon the ground that the indictment did not allege the existence of any warrant or commitment, authorizing his incarceration in the state prison; and also upon the ground that the facts alleged in the indictment constitute the crime of an escape from the prison, instead of an overt attempt to escape therefrom. Neither of these positions are well taken.…
2Cases cited8 opinions
- Edwards v. StateSupreme Court of Alabama · 1873
- SmithNevada Supreme Court · 1866
- State v. RiggNevada Supreme Court · 1875
- State v. AndersonNevada Supreme Court · 1867
- Morgan v. StateTexas Supreme Court · 1874
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3Cited by2 opinions
- State v. ClarkNevada Supreme Court · 1909
- Johnson v. SheriffNevada Supreme Court · 1974