State v. Thompson
Nevada Supreme Court
Appeal from tbe District Court of the Eourth Judicial District, Humboldt County. The facts appear in the opinion. I. The indictment only charges murder in the second degree. When an indictment charges that the offense was committed in the perpetration or attempt to perpetrate arson, rape, robbery, or burglary, it'is immaterial to show that the intention was to kill.
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Appeal from tbe District Court of the Eourth Judicial District, Humboldt County. The facts appear in the opinion. I. The indictment only charges murder in the second degree. When an indictment charges that the offense was committed in the perpetration or attempt to perpetrate arson, rape, robbery, or burglary, it'is immaterial to show that the intention was to kill. The statement of the facts constituting either of the above-named public offenses, with the additional fact that death ivas the result of their commission, the law exclusively presumes the intent was to commit murder in the first…
1Opinion of the Court
By the Court,
Leonard, J.:
Appellant was indicted for killing one William McBavy, on or about January 2, 1877, in Humboldt county, in this State, and was convicted of murder in the first degree. By his counsel, he moved in arrest of judgment on the ground that the indictment did not comply with the provisions of section 286 of the criminal practice act, in this: “ The statement of the acts charged in the indictment does not constitute the offense of murder in the first degree, because it is not stated that the defendant feloniously killed William McBavy, a human being, with malice aforethought,…
2Cases cited14 opinions
- People v. CroninCalifornia Supreme Court · 1867
- People v. KingCalifornia Supreme Court · 1865
- People v. EnochCourt for the Trial of Impeachments and Correction of Errors · 1834
- People v. WhiteNew York Supreme Court · 1839
- State v. AndersonNevada Supreme Court · 1868
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3Cited by11 opinions
- Pinana v. StateNevada Supreme Court · 1960
- State v. WallaceOregon Supreme Court · 1942
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- Jackson v. StateNevada Supreme Court · 1968
- State v. TrappOregon Supreme Court · 1910
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