State v. O'Keefe
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Theron Stevens, Judge. Action by the State of Nevada against Daniel O’Keefe and others. From the judgment, plaintiff appeals. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Theron Stevens, Judge. Action by the State of Nevada against Daniel O’Keefe and others. From the judgment, plaintiff appeals. The facts sufficiently appear in the opinion. I. " Killing” like " stealing” and "theft” is a layman’s term, and all "killings” are not crimes, but the court, despite the statutory provision that the bond "shall name the nature of the offense charged” construed the allegation to mean a felonious killing and held the description sufficient. " Breaking in an outhouse…
1Opinion of the Court
By the Court,
Talbot, J.:
This action was brought to recover on a recognizance, given under section 511 of the criminal practice act (Comp. Laws, 4476), by which one W. J. Wheaton, who had been indicted, obtained his release and failed to appear for trial. General demurrers to the complaint were sustained, and the state has appealed from a judgment rendered in favor of the respondents for costs. The only question presented is whether the recital "an indictment having been found * * * charging W. J. Wheaton with the crime of uttering and passing false paper” is such a defective reference to the…
2Cases cited12 opinions
- State v. MurphyNevada Supreme Court · 1897
- People v. . GillmanNew York Court of Appeals · 1891
- United States v. SauerDistrict Court, W.D. Texas · 1896
- Belt v. SpauldingOregon Supreme Court · 1888
- Browder v. StateSupreme Court of Alabama · 1846
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3Cited by1 opinion
- Rheiner v. United StatesCourt of Appeals for the Fifth Circuit · 1921