State v. Napper
Nevada Supreme Court
Appeal from the District Court of the Sixth Judicial District, Lander County. The difficulty out of which this prosecution arose occurred in the-main street of the town of Eureka, in Lander County, on February 15th, 1870. On the morning of that day, defendant and George Lambert seem to have had some words. In the afternoon, Lambert was driving a mule team, when Napper and one “ Buffalo Bill” approached, and the alleged assault took place.
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Appeal from the District Court of the Sixth Judicial District, Lander County. The difficulty out of which this prosecution arose occurred in the-main street of the town of Eureka, in Lander County, on February 15th, 1870. On the morning of that day, defendant and George Lambert seem to have had some words. In the afternoon, Lambert was driving a mule team, when Napper and one “ Buffalo Bill” approached, and the alleged assault took place. The defendant, having been convicted and a motion for a new trial denied, was sentenced to imprisonment at hard labor in the State Prison for the term of…
1Opinion of the Court
*115By the Court,
Whitman, J.:
The indictment in this case was for “ an assault with a deadly weapon, with an intent to commit murder.” The defendant was convicted of “ an assault with a deadly weapon with an intent to inflict a bodily injury ” on the person of one George Lambert. The statute of this State defines an assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury upon the person of another.”
To constitute, then, the crime of which defendant was convicted, he must have made an unlawful attempt with a weapon deadly either in its nature, or capable of being…
2Cases cited1 opinion
- State v. SwailsIndiana Supreme Court · 1857
3Cited by19 opinions
- People v. KongCalifornia Supreme Court · 1892
- State v. GodfreyOregon Supreme Court · 1889
- People v. DoudMichigan Supreme Court · 1923
- Commonwealth v. HensonMassachusetts Supreme Judicial Court · 1970
- Blige v. StateSupreme Court of Florida · 1884
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