Nester v. State

OPINION

By the Court,

McNamee, J.:

Appellant was convicted of the rape of Rachel Cruz. Appeal is taken from the judgment and from the order denying his motion for a new trial.

The chief assignment of error as grounds for reversal involves evidence of a separate crime committed on the person of Edna Weldon.

In North Las Vegas, on August 25, 1956 shortly after 1 a. m. Rachel Cruz, who had gone to bed, sensed someone in her bedroom. She rolled over on her left side; a man jumped on top of her saying, “never mind who it is,” and then threw some rags over her face so she wouldn’t be able to see him.…