State v. Van Winkle
Nevada Supreme Court
Appeal from the District Court of the Sixth Judicial District, Lander County. Defendant was indicted for the crime of an attempt to commit arson in attempting to fire and buim a building in Austin, Lander County, known as the “ Masonic and Odd Fellows’ Hall Building,” and a stock of goods therein belonging to himself, worth four thous- and dollars, but insured in various insurance companies in the aggregate sum of thirteen thousand dollars.
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Appeal from the District Court of the Sixth Judicial District, Lander County. Defendant was indicted for the crime of an attempt to commit arson in attempting to fire and buim a building in Austin, Lander County, known as the “ Masonic and Odd Fellows’ Hall Building,” and a stock of goods therein belonging to himself, worth four thous- and dollars, but insured in various insurance companies in the aggregate sum of thirteen thousand dollars. The offense was alleged to have been committed in August, 1870, and the indictment set out that defendant placed pieces of blankets saturated with coal…
1Opinion of the Court
By the Court,
Garber J.:
The appellant was convicted of an attempt to commit arson. A motion for a new trial was overruled. The testimony was circum*341stantial. The Court below, at the request of the prosecution, gave to the jury the following instruction : “ If the testimony establishes the guilt of the defendant beyond a reasonable doubt, it is your duty to find him guilty, although the testimony is but circumstantial. The term ‘ reasonable doubt,’ does not mean a mere possible doubt, because everything relating to human affairs and depending on moral evidence, is open to some possible…
2Cases cited8 opinions
- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
- Crockett v. DavisCourt of Appeals of Maryland · 1895
- People v. LewisCalifornia Supreme Court · 1869
- Coffin v. City CouncilSupreme Court of Iowa · 1868
- State v. NelsonSupreme Court of Louisiana · 1848
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bone v. StateSupreme Court of Georgia · 1897
- Azbill v. StateNevada Supreme Court · 1972
- State v. McKayNevada Supreme Court · 1946
- State v. BoyleNevada Supreme Court · 1926
- Ernest v. StateSupreme Court of Florida · 1883
7 more not listed; retrieve them via the Exa API.