Legal Opinion

Poole v. State

Nevada Supreme Court

Decided March 30, 1981No. 12247PublishedCited by 6 opinions

1Opinion of the Court

OPINION

2Per curiam

This is an appeal from the conviction of Cecil Poole (Poole) for second degree murder. Poole was thirteen at the time of the murder.

There are six assignments of error on appeal.

1. Juvenile Court Jurisdiction. Appellant claims the district court had discretion to treat him as a juvenile even though he was charged and convicted of murder.

The legislature has removed murder and attempted murder from the juvenile court act. It clearly has the power to do so. NRS 62.040(l)(c)(l); Lehmann v. Warden, 87 Nev. 24, 480 P.2d 155 (1971).

NRS 62.050 gives the court no discretion to treat the matter…

3Cases cited5 opinions

  1. People v. GarnerCalifornia Supreme Court · 1961
  2. Clark v. StateNevada Supreme Court · 1979
  3. Pickworth v. StateNevada Supreme Court · 1979
  4. O'BRIEN v. StateNevada Supreme Court · 1972
  5. Lehmann v. Warden, Nevada State PrisonNevada Supreme Court · 1971

4Cited by6 opinions

  1. Rogers v. StateNevada Supreme Court · 1985
  2. Ybarra v. SumnerDistrict Court, D. Nevada · 1988
  3. Ybarra v. StateNevada Supreme Court · 1984
  4. Elvik v. StateNevada Supreme Court · 1998
  5. Winnerford v. StateNevada Supreme Court · 1996

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