State v. Summers
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Douglas County. The defendant was indicted for the murder of Erank Eeen, committed by shooting with a Derringer pistol at Douglas County on May 6, 1874. He was convicted of murder in the first degree on May 27. On May 30 judgment was entered and defendant sentenced to be hanged on July 31, 1874. He appealed from the judgment.
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Appeal from the District Court of the Second Judicial District, Douglas County. The defendant was indicted for the murder of Erank Eeen, committed by shooting with a Derringer pistol at Douglas County on May 6, 1874. He was convicted of murder in the first degree on May 27. On May 30 judgment was entered and defendant sentenced to be hanged on July 31, 1874. He appealed from the judgment. I. The court below exceeded its jurisdiction in fixing a longer period than sixty days for execution of judgment. Oomp. Laws, 525, Sec. 454; State v. Laiory, 4 Nev, 170. II. The court, having fixed the time…
1Opinion of the Court
By the Court,
Whitman, C. J.:
The only point in this appeal is that the judgment is void, because therein a date is fixed for the execution of a sentence of death, more than sixty days from the time of judgment, contrary to the criminal statute. It is needless to inquire what effect, if any, such a mistake would have upon a judgment which might properly include such an order; as by the statute of the State of Nevada it is the warrant and not the judgment which fixes the time for executing sentence of death. Stats. 1861, 484, Sec. 454. People v. Bonilla, 38 Cal. 699. So it follows that the…
2Cases cited1 opinion
- People v. BonillaCalifornia Supreme Court · 1869
3Cited by4 opinions
- State Ex Rel. Pierre v. JonesSupreme Court of Louisiana · 1942
- Iron Bear v. JonesNebraska Supreme Court · 1948
- State v. BurksSupreme Court of Louisiana · 1942
- State v. JohnsonSupreme Court of Louisiana · 1919