State v. Clark
Nevada Supreme Court
Appeal from the District Court of the First Judicial District of the State of Nevada, Esmeralda County; F. P. Langan, Judge. C. Clark was convicted of an attempt to escape from jail, and appeals. I. Proof of all the acts charged against the defendant in the indictment would not establish the crime charged in the indictment.
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Appeal from the District Court of the First Judicial District of the State of Nevada, Esmeralda County; F. P. Langan, Judge. C. Clark was convicted of an attempt to escape from jail, and appeals. I. Proof of all the acts charged against the defendant in the indictment would not establish the crime charged in the indictment. The crime charged in the indictment is the crime of attempt to escape from a county jail; the acts set out and alleged in the indictment as having been committed by defendant are that the said defendant while lawfully confined in the county jail of Esmeralda County, State…
1Opinion of the Court
By the Court,
Sweeney, J.:
The appellant, having been tried and convicted of an attempt to escape from a county jail, and sentenced to ten years’ imprisonment, now seeks the intervention of this court for a new trial. He contends that the trial court erred in admitting any testimony in the cause, for the reason assigned that the indictment is fatally defective because it is not specifically alleged in the indictment that the defendant did the acts complained of with the intent to escape, and, further, that the bench warrant, not having been legally issued, was insufficient to place the…
2Cases cited29 opinions
- Phelps v. . PeopleNew York Court of Appeals · 1878
- State v. NolandSupreme Court of Missouri · 1892
- Johnson v. StateSupreme Court of Georgia · 1853
- Hood v. StateIndiana Supreme Court · 1877
- State v. RechnitzMontana Supreme Court · 1898
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3Cited by10 opinions
- Gallegos v. PeopleSupreme Court of Colorado · 1966
- People v. GangerCalifornia Court of Appeal · 1950
- Commonwealth v. MerandaMassachusetts Appeals Court · 1974
- Hitson v. MayoSupreme Court of Florida · 1957
- Stephens v. United StatesCourt of Appeals for the Ninth Circuit · 1920
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