State v. McLane
Nevada Supreme Court
Appeal from the District Court of the Sixth Judicial District, Lincoln County. The facts appear in tbe opinion. I. The court erred in overruling tbe motion for a change of the place of trial. (1 Comp. L. 1931; State v. Millain, 3 Nev. 409.) The court can not grant or refuse the application as a mere matter of discretion. (Freleigh v. The State, 8 Mo. 606; Clark v. The People, 1 Scam. 117; Brennan v. The People, 15 111. 511; People v. Long Island It.
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Appeal from the District Court of the Sixth Judicial District, Lincoln County. The facts appear in tbe opinion. I. The court erred in overruling tbe motion for a change of the place of trial. (1 Comp. L. 1931; State v. Millain, 3 Nev. 409.) The court can not grant or refuse the application as a mere matter of discretion. (Freleigh v. The State, 8 Mo. 606; Clark v. The People, 1 Scam. 117; Brennan v. The People, 15 111. 511; People v. Long Island It. B. Co., 4 Park. 602; People v. Sammis, 10 N. Y. S. C. 560.) "Where two or more are jointly indicted, the trial of one may be removed to another…
1Opinion of the Court
By the Court,
Beatty, C. J.:
The defendants were jointly indicted, tried together, and both found guilty of murder in the first degree. They unite in appealing from the judgment and from the order denying their motion for a new trial.
Each is nevertheless represented here, as he was throughout the proceedings in the district court, by his own special counsel, and each relies upon one or more assignments of error, based upon exceptions in which the other did not join. For this reason the case must be treated as if there were two separate appeals, though some points, common to both, will require…
2Cases cited3 opinions
- State v. O'ConnorNevada Supreme Court · 1876
- State v. SalgeNevada Supreme Court · 1866
- People v. McCallaCalifornia Supreme Court · 1857
3Cited by29 opinions
- State v. FouquetteNevada Supreme Court · 1950
- State v. JonNevada Supreme Court · 1923
- Metz v. StateNebraska Supreme Court · 1895
- People v. AndersonIllinois Supreme Court · 1909
- State v. BuralliNevada Supreme Court · 1903
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