Legal Opinion

State v. Potts

Nevada Supreme Court

Decided October 5, 1889No. 1305PublishedCited by 5 opinions

Appeal from the District Court of the State of Nevada, Elko County. R. R. Bigelow, District Judge. The facts are stated in the opinion. . I. The court erred in allowing the prosecution to introduce the. bills of sale. These documents were admitted to show that Mrs. Potts possessed the ability to counterfeit the signature of Faucett, and neither had any relevancy or pertinency to the issues in the ease. The testimony must be confined to the allegations and the point in issue.

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Appeal from the District Court of the State of Nevada, Elko County. R. R. Bigelow, District Judge. The facts are stated in the opinion. . I. The court erred in allowing the prosecution to introduce the. bills of sale. These documents were admitted to show that Mrs. Potts possessed the ability to counterfeit the signature of Faucett, and neither had any relevancy or pertinency to the issues in the ease. The testimony must be confined to the allegations and the point in issue. A person on trial for one crime cannot be. presumed to be guilty because he hals at another time committed a different…

1Opinion of the Court

By the Court,

Murphy, J.:

The indictment charges the defendants with the crime of murder. They were jointly indicted, tried, and found guilty of murder in the first degree. Miles Faucett resided on a ranch seven miles from Carlin, in Elko county. He appears to have been on terms of friendship with the appellants, having boarded at their house in Carlin before he moved to the ranch, and the defendant Elizabeth Potts was doing his baking and washing. On the evening of the first of January, 1888, he was seen at the house of the defendants by J. R. Linebarger, who asked Faucett if lie was going…

2Cases cited4 opinions

  1. State v. SmithSupreme Court of Connecticut · 1881
  2. Watt v. PeopleIllinois Supreme Court · 1888
  3. State v. HamiltonSupreme Court of Iowa · 1881
  4. State v. RorabacherSupreme Court of Iowa · 1865

3Cited by5 opinions

  1. State v. MoonIdaho Supreme Court · 1911
  2. State v. VaughanNevada Supreme Court · 1895
  3. Cutler v. StateNevada Supreme Court · 1977
  4. State v. HunterNevada Supreme Court · 1925
  5. State v. CareyNevada Supreme Court · 1912

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