State v. Steward

OPINION

By the Court,

Badt, C. J.:

The state filed an information in Elko County under Nevada’s “in transitu” statute, charging Steward with the crime of murder committed in the state while in a moving van traveling eastward in the state on a trip terminating in Elko County. The district court held the information to be fatally defective in not alleging that the crime was committed in Elko County, and the state *67appealed. Steward seeks to sustain the district court’s ruling on the ground that the in transitu statute violates the constitutional guaranty of a jury trial. We have concluded that the…