State v. Ah Mook
Nevada Supreme Court
Appeal from tbe District Court of the Sixth Judicial District, Eureka County. The facts are sufficiently stated in the-opinion of the court. I. The instructions in this case are erroneous from beginning to end; and we venture the assertion that no jury could possibly have heard them without being misled.
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Appeal from tbe District Court of the Sixth Judicial District, Eureka County. The facts are sufficiently stated in the-opinion of the court. I. The instructions in this case are erroneous from beginning to end; and we venture the assertion that no jury could possibly have heard them without being misled. (The points made by counsel as to errors in the charge of the court of its own motion are omitted, because said charge is not considered by the court.) The law always presumes injury from an error, unless it is perfectly manifest it could not have that effect. {State v. McGinnis, 5 Nev. 337;…
1Opinion of the Court
By the Court,
Beatty, J.:
The defendant in this case appeals from a conviction of murder of the second degree. The principal point made in support of the appeal is that the district court erred in its charge to the jury. But there is nothing in the record to show what the charge of the court was. All that is stated in the bill of exceptions is that “the court then, after argument by counsel, gave to the jury the instructions herein of record, marked plaintiff’s instructions, numbers 1, 2 and 3, and instructions of its own motion.” In The State v. Huff (11 Nev. 22), we commented upon and…
2Cases cited2 opinions
- State v. HuffNevada Supreme Court · 1876
- State v. ForshaNevada Supreme Court · 1872
3Cited by17 opinions
- Byford v. StateNevada Supreme Court · 2000
- Briano v. StateNevada Supreme Court · 1978
- State v. HallNevada Supreme Court · 1932
- State v. LovelessNevada Supreme Court · 1944
- State v. WilliamsNevada Supreme Court · 1905
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