Legal Opinion

State v. Bauer

Nevada Supreme Court

Decided January 15, 1912No. 1939PublishedCited by 4 opinions

Appeal from the Ninth Judicial District Court of the State of Nevada, White Pine County; Thomas L. Mitchell, Judge. Frank Bauer was convicted of burglary, and from an order granting a new trial the State appeals. The facts sufficiently appear in the opinion.

1Per curiam

This is an appeal by the state from an order granting the defendant a new trial after a verdict of guilty of burglary. The motion was made upon several grounds, and was granted upon the two that the verdict is contrary to law and contrary to the evidence. The evidence in the case was circumstantial, and in some respects may *306be said to be conflicting. The trial judge heard the testimony, and had an opportunity to observe the witnesses.

A certain amount of discretion is reposed in the trial court in the matter of granting or refusing new trials, and, where a new trial is granted upon the ground…

2Cases cited5 opinions

  1. Jones v. ChildsNevada Supreme Court · 1872
  2. Treadway v. WilderNevada Supreme Court · 1873
  3. State v. StanleyNevada Supreme Court · 1868
  4. Golden v. MurphyNevada Supreme Court · 1904
  5. State v. OrrNevada Supreme Court · 1912

3Cited by4 opinions

  1. State v. BusscherNevada Supreme Court · 1965
  2. State v. VargaNevada Supreme Court · 1949
  3. State v. CrockettNevada Supreme Court · 1968
  4. State v. CrockettNevada Supreme Court · 1968

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