State v. Stewart
Nevada Supreme Court
Appeal from tbe District Court of tbe Third Judicial District, Esmeralda County. Defendant was convicted on November 20, 1873, of the crime of murder in the first degree. The jury recommended bim to the mercy of the court. His motion for a new trial having been overruled, be was sentenced to be banged on January 9, 1874. He then took this appeal.
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Appeal from tbe District Court of tbe Third Judicial District, Esmeralda County. Defendant was convicted on November 20, 1873, of the crime of murder in the first degree. The jury recommended bim to the mercy of the court. His motion for a new trial having been overruled, be was sentenced to be banged on January 9, 1874. He then took this appeal. The circumstances of the killing are set forth in the opinion of the Court, as are also several of the instructions given and the obj ections taken by counsel at the trial of the' cause in the court below. In addition to the instructions therein…
1Opinion of the Court
By the Court,
Hawley, J.:
Defendant was convicted of murder in the first degree. This appeal is from an order of the court refusing him a new trial. Erank Durand (deceased) was shot and instantly' killed by defendant, in the Tent Saloon at Columbus, on the 4th day of May, 1873, about 11 o’clock p. m. He had just asked some parties in the saloon to take a drink, and at the time of receiving the fatal shot he was standing about six or eight feet from the counter, and eight or ten feet from the *128front door. Defendant was in the street. No words were spoken by either party. Defendant claimed that…
2Cases cited7 opinions
- Johnson v. StateTexas Supreme Court · 1865
- People v. ScogginsCalifornia Supreme Court · 1869
- Henry v. StateSupreme Court of Alabama · 1859
- People v. LeeCalifornia Supreme Court · 1860
- Bohannon v. CommonwealthCourt of Appeals of Kentucky · 1871
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3Cited by21 opinions
- State v. RaymondNevada Supreme Court · 1876
- State v. LewisNevada Supreme Court · 1939
- McNally v. WalkowskiNevada Supreme Court · 1969
- State v. OvertonSupreme Court of New Jersey · 1913
- Serrano v. StateNevada Supreme Court · 1968
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