State v. Pappas
Nevada Supreme Court
Appeal from Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. William Pappas was convicted of assault with intent to kill. From the judgment and an order denying new trial, he appeals. Testimony as to statements not a part of the res gestee is generally regarded as hearsay, and is carefully excluded except in rare cases.
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Appeal from Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. William Pappas was convicted of assault with intent to kill. From the judgment and an order denying new trial, he appeals. Testimony as to statements not a part of the res gestee is generally regarded as hearsay, and is carefully excluded except in rare cases. (Stairn v. Nelson, 65 Kan. 419, 70 Pac. 355.) Statements of the complaining witness, made after the alleged assault, were no part of the res gestae; to be such, they must be an essential part of or spring spontaneously from the transaction itself. (State v.…
1Opinion of the Court
By the Court,
COLEMAN, J.:
1. The defendant was charged with the crime of assault with intent to kill. Upon the trial the jury returned a verdict of guilty, and from an order denying a motion for a new trial and the judgment defendant appeals.
Error is assigned to the giving by the court of instruction No. 2 which reads:
"The law holds the defendant accountable for the natural and probable consequences of his acts, when unlawful, regardless of the question of whether he accomplished his purpose or not; and, if you believe from the evidence, beyond a reasonable doubt, that the defendant did…
2Cases cited8 opinions
- Mitchum v. StateSupreme Court of Georgia · 1852
- Roberts v. PeopleMichigan Supreme Court · 1870
- People v. MizeCalifornia Supreme Court · 1889
- Patterson v. StateSupreme Court of Georgia · 1890
- People v. LandmanCalifornia Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. HallNevada Supreme Court · 1932
- State v. RothrockNevada Supreme Court · 1921
- State v. FeinzilberNevada Supreme Court · 1960
- Wilkerson v. StateNevada Supreme Court · 1971
- State v. MacKinnonNevada Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.