State v. Davis
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County.' The facts sufficiently appear in the opinion of the court. I. The act under which defendant was convicted (1 Comp. Laws, 589) is unconstitutional. (Const. Nev., Art.IY., sec. 17; State v. Silver, 9 Nev. 227; FarMnson v. State, 14 Md. 194.) II. Defendant had a right to show, in mitigation and defense, that an absolute necessity for his leaving the jail existed.
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Appeal from the District Court of the Second Judicial District, Ormsby County.' The facts sufficiently appear in the opinion of the court. I. The act under which defendant was convicted (1 Comp. Laws, 589) is unconstitutional. (Const. Nev., Art.IY., sec. 17; State v. Silver, 9 Nev. 227; FarMnson v. State, 14 Md. 194.) II. Defendant had a right to show, in mitigation and defense, that an absolute necessity for his leaving the jail existed. It was for the jury to decide whether the facts were sufficient to justify. It was error to exclude the testimony as to the filthy and unwholesome condition…
1Opinion of the Court
By the Court,
Leonard, J.:
Appellant was convicted of the crime of escape from the jail of Ormsby county, when lawfully confined therein upon a charge of felony.
This appeal is taken from the judgment, from the order overruling appellant’s motion in arrest of judgment, and from an order denying his motion for a new trial.
1. It is first urged by counsel for appellant that the statute under which appellant was indicted and convicted is unconstitutional, and therefore void, because it does not, in its title, express the subject embraced therein, as is required by section 17 of Article IY of the…
2Cases cited11 opinions
- People v. MatherNew York Supreme Court · 1830
- Davis v. StateCourt of Appeals of Maryland · 1854
- Bright v. McCulloughIndiana Supreme Court · 1866
- Freeman v. . FreemanNew York Court of Appeals · 1870
- State v. McClearNevada Supreme Court · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- People v. LovercampCalifornia Court of Appeal · 1974
- State v. CejaNevada Supreme Court · 1931
- People v. GangerCalifornia Court of Appeal · 1950
- Coley v. StateCourt of Appeals of Georgia · 1975
- Ex parte ShoresDistrict Court, N.D. Iowa · 1912
16 more not listed; retrieve them via the Exa API.