State v. Ah Chuey
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. The facts sufficiently appear in the opinion. I. The court erred in compelling defendant to exhibit the tattoo mark on bis arm to the jury. This was compelling bim to testify against himself. (Cons, of Nevada, sec. 8, 18; Comp. Laws, sec. 2305, 2306; U. S. Dig. 1st series, vol. XIV., p. 693, sec. 4630, 4643, 4659; Cooley’s Cons. Lim.
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Appeal from the District Court of the Second Judicial District, Washoe County. The facts sufficiently appear in the opinion. I. The court erred in compelling defendant to exhibit the tattoo mark on bis arm to the jury. This was compelling bim to testify against himself. (Cons, of Nevada, sec. 8, 18; Comp. Laws, sec. 2305, 2306; U. S. Dig. 1st series, vol. XIV., p. 693, sec. 4630, 4643, 4659; Cooley’s Cons. Lim. (1868), 305; State v. Jacobs, 5 Jones (N. C.), L. 259; lie* v. Worsenham, ILd. Bayra. B. 705; Reg. v. Mead, 2 Id. 927; Rece v. Shelly, 3 Term B. 142; 1 Green. Ev. sec. 451; Wliart, Cr.…
1DissentLeonaRd, J.
Being unable to concur in the opinion and judgment of the court in this case, I deem it proper to give a more complete statement of the facts presented by the record, to the end that I may more clearly explain the grounds of my dissent.
Defendant Avas convicted of murder in the first degree for the killing of one Ah Tong, in lleno.
There was testimony admitted on behalf of the state which, without considering defendant’s extra-judicial statement, tended, at least, to establish the fact that the defendant and' another Chinaman, on the twenty-fourth day of December, 1877, at Heno, killed some…
2Cases cited5 opinions
- Emery's caseMassachusetts Supreme Judicial Court · 1871
- State v. . JohnsonSupreme Court of North Carolina · 1872
- Wilkins v. MaloneIndiana Supreme Court · 1860
- Latimer v. AlexanderSupreme Court of Georgia · 1853
- Reade v. WaterhouseThe Superior Court of New York City · 1872