Legal Opinion

State v. Hancock

Nevada Supreme Court

Decided July 15, 1905No. 1684PublishedCited by 2 opinions

Appeal from the District Court of the Fourth Judicial District of Jihe State of Nevada, Lincoln County; Geo. 8. Brown, Judge. John Hancock was convicted of murder and appeals. The facts sufficiently appear in the opinion.

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Appeal from the District Court of the Fourth Judicial District of Jihe State of Nevada, Lincoln County; Geo. 8. Brown, Judge. John Hancock was convicted of murder and appeals. The facts sufficiently appear in the opinion. I. The rule of evidence excluding the wife from being a witness for or against a husband is applicable only where the relation of husband and wife legally exists, and does not extend to the case of a woman cohabiting with a party as his wife, but not married to him. (Dennis v. Crittenden, 42 N. Y. 542.) Where persons in good faith believe they are married, but are…

1Opinion of the Court

By the Court,

Fitzgerald, C. J.:

The defendant was convicted in the District Court in and for Lincoln County of the crime of murder in the first degree, and subsequently judgment of death was by said court pronounced upon him. He appeals to this court from the said judgment.

There is no regular assignment of errors in the record filed here, but treating the two statements of errors claimed by defendant, as made in his bill of exceptions presented by him to the judge of the trial court for allowance and settlement, as performing the functions of an assignment of errors, two questions arise on the…

2Cases cited13 opinions

  1. Cartwright v. McGownIllinois Supreme Court · 1887
  2. Martin's Heirs v. MartinSupreme Court of Alabama · 1853
  3. Williams v. WilliamsWisconsin Supreme Court · 1879
  4. Glass v. GlassMassachusetts Supreme Judicial Court · 1874
  5. Stoltz v. DoeringIllinois Supreme Court · 1885

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3Cited by2 opinions

  1. State v. NewmanMontana Supreme Court · 1923
  2. Lefavour v. StateCourt of Criminal Appeals of Oklahoma · 1943

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