Legal Opinion

State v. Pritchard

Nevada Supreme Court

Decided January 15, 1880No. 1009PublishedCited by 15 opinions

Appeal from the District Court of the Second Judicial District, Ormsby County. The defendant was indicted, tried, and convicted, of the crime of murder in the first degree for the killing of Humphrey Symons, a policeman, in Gold Hill. The evidence on the part of the state showed that the defendant and a woman, with whom he was living, and called his wife, resided on the divide between Gold Hill and Virginia City, in a portion of the house owned by Mrs. Casey.

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Appeal from the District Court of the Second Judicial District, Ormsby County. The defendant was indicted, tried, and convicted, of the crime of murder in the first degree for the killing of Humphrey Symons, a policeman, in Gold Hill. The evidence on the part of the state showed that the defendant and a woman, with whom he was living, and called his wife, resided on the divide between Gold Hill and Virginia City, in a portion of the house owned by Mrs. Casey. On the twenty-first day of July, 1879, the day of the homicide, the defendant and his wife were quarreling, and during the quarrel a…

1Opinion of the Court

By the Court,

Leonard, J.:

Appellant was convicted of murder of the first degree.

1. The evidence in the case was to a great extent circumstantial. A juror, Evan David, stated that in a case where the punishment was death, he would not find the defendant guilty upon circumstantial evidence. Whereupon the court sustained a challenge for implied bias, and the juror was excluded. He was plainly incompetent under the ninth subdivision of section 340, of the Criminal Practice Act. The state was entitled to a jury of impartial men, who would render their verdict according to the evidence, whether…

2Cases cited12 opinions

  1. People v. ScogginsCalifornia Supreme Court · 1869
  2. State v. LarkinNevada Supreme Court · 1876
  3. State v. PotterSupreme Court of Connecticut · 1846
  4. People v. MurphyCalifornia Supreme Court · 1872
  5. People v. ReynoldsCalifornia Supreme Court · 1860

7 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Cluverius v. CommonwealthSupreme Court of Virginia · 1886
  2. State v. PeelMontana Supreme Court · 1899
  3. State v. FitchNevada Supreme Court · 1948
  4. State v. VaughanNevada Supreme Court · 1895
  5. State v. HunterSupreme Court of Iowa · 1902

10 more not listed; retrieve them via the Exa API.

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