State v. Robey
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. The defendant having been convicted of an assault with a deadly weapon with intent to inflict bodily injury, and sentenced to imprisonment in the State prison at hard labor for one year, took this appeal from the judgment. I. To constitute the crime of “assault with intent to murder,” the assault and the intent to murder must concur. It requires the act and intent combined to constitute the crime.
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Appeal from the District Court of the First Judicial District, Storey County. The defendant having been convicted of an assault with a deadly weapon with intent to inflict bodily injury, and sentenced to imprisonment in the State prison at hard labor for one year, took this appeal from the judgment. I. To constitute the crime of “assault with intent to murder,” the assault and the intent to murder must concur. It requires the act and intent combined to constitute the crime. If either be absent the offense is not committed. 1 Bishop’s Grim. Law, Sec. 729. And since the crime charged consists…
1Opinion of the Court
By the Court,
Belknap, J.:
Upon an indictment alleging an assault- with intent to commit murder the defendant was convicted of an assault with a deadly weapon with intent to inflict bodily injury. The indictment charges the offense as follows: “That on or about the 11th day of January, a.d. 1873, at the-City of Virginia in the County of Storey, State of Nevada, the said H. L. Eobey, without authority of law and with malice aforethought did shoot at William Newsom, with a shot gun loaded with powder and leaden bullets, with intent to kill him, the said William Newsom,” etc., etc.
It is urged that…
2Cases cited22 opinions
- Ogletree v. StateSupreme Court of Alabama · 1856
- Henry v. StateSupreme Court of Alabama · 1859
- State v. ShepardSupreme Court of Connecticut · 1828
- Hurt v. StateMississippi Supreme Court · 1872
- People v. M'GowanNew York Supreme Court · 1837
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3Cited by18 opinions
- Ex Parte BoyceNevada Supreme Court · 1904
- State v. Ah ChewNevada Supreme Court · 1881
- Ex parte DavisNevada Supreme Court · 1910
- State v. CollyerNevada Supreme Court · 1883
- State v. Buckaroo JackNevada Supreme Court · 1908
13 more not listed; retrieve them via the Exa API.