State ex rel. Summerfield v. Moran ex rel. County of Washoe
Nevada Supreme Court
Original proceeding in mandamus by the State of Nevada, on the relation of Lester D. Summer field, as District Attorney of Washoe County, Nevada, against Thomas F. Moran, as one of the Judges of the Second Judicial District Court of the State of Nevada, in and , for the County of Washoe. The court was without authority to suspend sentence.
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Original proceeding in mandamus by the State of Nevada, on the relation of Lester D. Summer field, as District Attorney of Washoe County, Nevada, against Thomas F. Moran, as one of the Judges of the Second Judicial District Court of the State of Nevada, in and , for the County of Washoe. The court was without authority to suspend sentence. The court acted under and by virtue of section 7259 of Revised Laws of 1912. Said statute is unconstitutional and void, as under it the court exercises the pardoning power, which is by the state constitution vested in the board of pardons. Const. Nev. art.…
1Opinion of the Court
By the Court,
Coleman, C. J.:
This is ah original proceeding in mandamus.
The facts out of which the proceeding grows are these: In the year 1915 one Adrian C. Wheeler was convicted of a crime in the district court of Washoe County, Nevada; the respondent presiding. Thereafter the respondent, as such judge, pronounced judgment and sentence upon said Wheeler, whereby it was ordered, adjudged, and decreed that he pay a fine, and that upon default in the payment of said fine he be confined in the county jail; and as a part of said judgment it was ordered that such sentence and judgment be stayed…
2Cases cited9 opinions
- Commonwealth v. John Dowdican's BailMassachusetts Supreme Judicial Court · 1874
- Snodgrass v. StateCourt of Criminal Appeals of Texas · 1912
- Neal v. StateSupreme Court of Georgia · 1898
- People ex rel. Boenert v. BarrettIllinois Supreme Court · 1903
- Snodgrass v. StateCourt of Criminal Appeals of Texas · 1912
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3Cited by8 opinions
- Galloway v. TruesdellNevada Supreme Court · 1967
- King v. Board of Regents of the University of NevadaNevada Supreme Court · 1948
- Creps v. StateNevada Supreme Court · 1978
- Anderson v. StateNevada Supreme Court · 1974
- State v. ButnerNevada Supreme Court · 1950
3 more not listed; retrieve them via the Exa API.