Legal Opinion

Barger v. State

Nevada Supreme Court

Decided November 9, 1965No. 4896PublishedCited by 24 opinions

1Opinion of the Court

OPINION

By the Court,

Thompson, J.:

Barger was convicted of first degree burglary following a jury trial in the district court at Las Vegas, Nevada. On this appeal his main claim of error is that the lower court refused to instruct the jury about his only defense — entrapment—even though he had testified, explaining in detail how a police officer induced him to encourage and assist another in burglarizing Al’s Cycle Shop. Some of his testimony is quoted in the footnote. 1 The jury had the right to believe it or reject it. If believed, a verdict of not guilty might have been returned, for his…

2Cases cited3 opinions

  1. People v. CarmenCalifornia Supreme Court · 1951
  2. Wyatt v. StateNevada Supreme Court · 1961
  3. Carter v. StateNevada Supreme Court · 1963

3Cited by24 opinions

  1. Lisby v. StateNevada Supreme Court · 1966
  2. Williams v. StateNevada Supreme Court · 1983
  3. State v. JonesSupreme Judicial Court of Maine · 1983
  4. Walker v. StateNevada Supreme Court · 1969
  5. Earl v. StateNevada Supreme Court · 1995

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