State v. Kelly
Nevada Supreme Court
Appeal from the Eirst Judicial District of the Territory of Nevada, Storey County, Hon. J. W. Nobth presiding. The defendant was indicted for murder by the Grand Jury of Storey Conty, and upon the trial it appeared that one Bet-tinger, having entered the saloon of defendant for the purpose of collecting a bill of him, a dispute arose between them, and defendant reached under the bar and toot out a pistol and struck Bettinger on the head with it.
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Appeal from the Eirst Judicial District of the Territory of Nevada, Storey County, Hon. J. W. Nobth presiding. The defendant was indicted for murder by the Grand Jury of Storey Conty, and upon the trial it appeared that one Bet-tinger, having entered the saloon of defendant for the purpose of collecting a bill of him, a dispute arose between them, and defendant reached under the bar and toot out a pistol and struck Bettinger on the head with it. Bettinger, in the scuffle with the defendant, got behind the bar; the defendant then aimed the pistol at him, and said if he did not come out from…
1Concurrence
Opinion by
Lewis, C. J.,
full Bench concurring.
All presumptions being in favor of the regularity of the proceedings of the Court below, we cannot say that it erred in excusing the juror John Gillig. He did not himself recollect whether he was on the Grand Jury who found the indictment against the defendant or not, and it appears that the record by which that fact -might be ascertained could not be found. Had Mr. Gillig been one of the Grand Jurors who found the indictment, it would have been error to have allowed him to. act upon the trial jury in this case, and if that fact was shown after…
2Cases cited1 opinion
- People v. WilliamsCalifornia Supreme Court · 1860
3Cited by4 opinions
- State v. LarkinNevada Supreme Court · 1876
- State v. LewisNevada Supreme Court · 1939
- State v. McNeilNevada Supreme Court · 1931
- State v. LawryNevada Supreme Court · 1868