State v. Nelson
Nevada Supreme Court
Appeal from tbe District Court of the Ninth Judicial District, Elko County. The fifth instruction asked by the defendant and refused by the court—referred to in the opinion—reads as follows: “If the jury find from the evidence in this case that the property alleged to have been taken Ayas being conveyed by the proprietors of the stage line for an express company, under a contract with such express company, and that the said G. N. BroAvn, who is alleged in the indictment as…
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Appeal from tbe District Court of the Ninth Judicial District, Elko County. The fifth instruction asked by the defendant and refused by the court—referred to in the opinion—reads as follows: “If the jury find from the evidence in this case that the property alleged to have been taken Ayas being conveyed by the proprietors of the stage line for an express company, under a contract with such express company, and that the said G. N. BroAvn, who is alleged in the indictment as being the OAvner of said property, was only the driver of the stage in Avhich said property Avas being conveyed, Avas…
1Opinion of the Court
By the Court,
Beatty, J.:
The defendant in this ease appeals from a conviction of highway robbery. The indictment under which he was tried contains two counts, in the first of which the ownership of the property taken is laid in one Brown, who, as the testimony shows, was merely the driver of the stage upon which it was being conveyed. The second count lays the property in "Wells, Fargo & Co. In other respects it is identical with the first. It appears from the bill of exceptions that when the case was called for trial the district attorney “in open court elected to proceed under the first…
2Cases cited4 opinions
- People v. CroninCalifornia Supreme Court · 1867
- People v. PhippsCalifornia Supreme Court · 1870
- State v. FergusonNevada Supreme Court · 1874
- People v. PadilliaCalifornia Supreme Court · 1872
3Cited by17 opinions
- State v. PokiniHawaii Supreme Court · 1961
- Minich v. PeopleSupreme Court of Colorado · 1885
- State v. MyersSupreme Court of Missouri · 1884
- State v. ChapinOregon Supreme Court · 1914
- People v. VereneseneckockockhoffCalifornia Supreme Court · 1900
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