State v. Mangana
Nevada Supreme Court
Appeal from the District Court of the Fifth Judicial District of the State of Nevada, Nye County; Mark R. Averill, Judge. Ascension Mangana was convicted of murder in the first degree, and he appeals.
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Appeal from the District Court of the Fifth Judicial District of the State of Nevada, Nye County; Mark R. Averill, Judge. Ascension Mangana was convicted of murder in the first degree, and he appeals. Statement of Facts The defendant was tried under an indictment, the charging part of which follows: "The said Ascension Mangana, the defendant above named, at Leeland, in the county of Nye, State of Nevada, on or about the 15th day of June, A. D. 1909, and before the finding of this indictment, without authority of law, and with malice aforethought, then and there killed one Byron Nelson, a…
1Opinion of the Court
By the Court,
Talbot, J.
(after stating the facts as above):
As error it is urged by counsel for defendant that the case was presented to the jury upon two theories: First, that the appellant was guilty as charged in the indict*517ment with .killing the deceased with malice aforethought; second, that the homicide was committed in the perpetration of robbery; and that, as the court submitted the case upon both theories, it is impossible for any one. to say for what crime the appellant was convicted.
It" will be observed that the indictment follows closely the form provided by the statute. Section 17…
2Cases cited25 opinions
- People v. . SullivanNew York Court of Appeals · 1903
- State v. MeyersSupreme Court of Missouri · 1889
- People v. . GiblinNew York Court of Appeals · 1889
- State v. KingUtah Supreme Court · 1902
- Sharon v. MinnockNevada Supreme Court · 1871
20 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. FouquetteNevada Supreme Court · 1950
- Theriault v. StateNevada Supreme Court · 1976
- Brimmage v. StateNevada Supreme Court · 1977
- State v. MooreNevada Supreme Court · 1925
- State v. JukichNevada Supreme Court · 1926
12 more not listed; retrieve them via the Exa API.