Legal Opinion

State v. Hartley

Nevada Supreme Court

Decided April 5, 1895No. 1424PublishedCited by 45 opinions

Appeal from judgment on verdict of guilty of murder in second degree and order denying motion for new trial and motion in arrest of judgment, from District Court, Washoe county; A. E. Qheney, District..Judge. The facts sufficiently appear in the opinion. Defendant herein has been deprived of her liberty without “ due process of law,” in that she was indicted by an illegal grand jury.

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Appeal from judgment on verdict of guilty of murder in second degree and order denying motion for new trial and motion in arrest of judgment, from District Court, Washoe county; A. E. Qheney, District..Judge. The facts sufficiently appear in the opinion. Defendant herein has been deprived of her liberty without “ due process of law,” in that she was indicted by an illegal grand jury. The law (Stats. 1893, pp. 31-43) prescribes that twelve persons shall be selected from the jury list who shall be summoned to appear as grand jurors, and out of the number summoned the court shall elect ten…

1Opinion of the Court

By the Court,

Bonnifield, J.:

On the 26th day of -July, 1894, the defendant, Alice M. Hartley, killed M. D. Foley, in her rooms, in the building of the Nevada bank, in the town of Reno, Washoe county, Nevada, by shooting him with a pistol, for which she was indicted for the crime of murder on the 3d day of August, 1894, by the grand j ury of that county. Subsequently she was tried in the district court of said county, found guilty of murder in the second degree by the verdict of the trial jury, and by the judgment of the court was sentenced to serve a term of eleven years in the state prison.…

2Cases cited30 opinions

  1. State v. AdamsSupreme Court of Kansas · 1878
  2. State v. OstranderSupreme Court of Iowa · 1865
  3. State v. LewisNevada Supreme Court · 1889
  4. State v. McClearNevada Supreme Court · 1876
  5. State v. MoranOregon Supreme Court · 1887

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3Cited by45 opinions

  1. Snyder v. MassachusettsSupreme Court of the United States · 1934
  2. People v. DurrantCalifornia Supreme Court · 1897
  3. State v. FouquetteNevada Supreme Court · 1950
  4. State v. MortensenUtah Supreme Court · 1903
  5. State v. SlorahSupreme Judicial Court of Maine · 1919

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