State v. Burns
Nevada Supreme Court
Appeal from tbe District Court of tbe Second Judicial District, Ormsb'y County. Defendant was indicted for an assault with intent to commit murder by shooting at Erancis M. Wilder on February 19, 1873. Having been convicted as charged, and his motion for a new trial having been overruled, he was sentenced to imprisonment in the State prison for the term of seven years. The facts bearing upon the points decided are stated in the opinion.
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Appeal from tbe District Court of tbe Second Judicial District, Ormsb'y County. Defendant was indicted for an assault with intent to commit murder by shooting at Erancis M. Wilder on February 19, 1873. Having been convicted as charged, and his motion for a new trial having been overruled, he was sentenced to imprisonment in the State prison for the term of seven years. The facts bearing upon the points decided are stated in the opinion. I. The defendant was indicted under the name of Thomas Burns, was tried under the name of Thomas L. Burns which he improperly answered was his true name upon…
1Opinion of the Court
By the Court,
Hawley, J.:
Appellant appeals from an order of the district court denying his motion for a new trial, and from the judgment. The record is presented without any bill of exceptions; and we are asked to review the charge of the court to the jury, provided we entertain the opinion that the court had authority to charge the jury of its own motion, a power which appellant’s counsel denies.
In the State v. Forsha, ante 137, it was held, “ that only such instructions as are asked of the court by the parties are to be considered a part of the record,” and that “the charge given by the…
2Cases cited2 opinions
- People v. KellyCalifornia Supreme Court · 1856
- State v. WhiteSupreme Court of Iowa · 1871
3Cited by6 opinions
- State v. DouglasNevada Supreme Court · 1901
- State v. RoverNevada Supreme Court · 1876
- State v. BoutonNevada Supreme Court · 1900
- State v. BurnsNevada Supreme Court · 1904
- State v. MaherNevada Supreme Court · 1900
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