State v. Clark
Nevada Supreme Court
Appeal from Sixth Judicial District Court, Humboldt County; W. H. A. Pike, Judge. Bernard Clark was convicted of murder in the second degree, and appealed. Judgment affirmed (36 Nev. 472, 135 Pac. 1083). Aside from the question whether the remarks of the court to the jury were given in writing, as required by section 355 of the criminal practice act, the language of the court was such as to prejudice the jury against the appellant.
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Appeal from Sixth Judicial District Court, Humboldt County; W. H. A. Pike, Judge. Bernard Clark was convicted of murder in the second degree, and appealed. Judgment affirmed (36 Nev. 472, 135 Pac. 1083). Aside from the question whether the remarks of the court to the jury were given in writing, as required by section 355 of the criminal practice act, the language of the court was such as to prejudice the jury against the appellant. If the language means anything, it means that the court was anxious for the jury to agree on a verdict. (Burtons. U. S., 49 L. Ed. 489; Petersonv. U.S., 213 Fed.…
1Opinion of the Court
*305By the Court,
Norcross, C. J.:
Judgment upon a conviction of murder in the second dégree was affirmed in the former opinion and decision of this court, reported in 36 Nev. 472, 135 Pac. 1083. Rehearing was granted that further consideration might be given to the case which presented a number of close questions, particularly in reference to the action of the court in calling in the jury after it had retired to deliberate upon its verdict, and the proceedings thereafter following.
For convenience of consideration we will again recite that portion of the record as it appears in the former opinion:
"A…
2Cases cited5 opinions
- Burton v. United StatesSupreme Court of the United States · 1905
- Peterson v. United StatesCourt of Appeals for the Ninth Circuit · 1914
- State v. ClarkNevada Supreme Court · 1913
- State v. SchneidersSupreme Court of Missouri · 1914
- State v. ClancyNevada Supreme Court · 1915
3Cited by16 opinions
- People v. TalkingtonCalifornia Court of Appeal · 1935
- United States v. SorceyCourt of Appeals for the Seventh Circuit · 1945
- Orr v. StateAlabama Court of Appeals · 1958
- Kinna v. StateNevada Supreme Court · 1968
- Harvey v. StateNevada Supreme Court · 1962
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