Legal Opinion · Concurrence

State v. Waterman

Nevada Supreme Court

Decided July 1, 1865PublishedCited by 22 opinions

Appeal from tbe District Court of the Eirst Judicial District, Sate of Nevada, Storey County, Hon. Richabd RisiNG-presiding. The facts of the case are fully stated in the opinion of the Court. After the opinion was published a petition for rehearing was filed, and a response was made thereto by the Court. Fi/rst — Inadmissibility of the testimony of Mrs. Haines.

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Appeal from tbe District Court of the Eirst Judicial District, Sate of Nevada, Storey County, Hon. Richabd RisiNG-presiding. The facts of the case are fully stated in the opinion of the Court. After the opinion was published a petition for rehearing was filed, and a response was made thereto by the Court. Fi/rst — Inadmissibility of the testimony of Mrs. Haines. (Rex v. Neal et ais., I Car. and Paine, 555; 1 Greenleaf’s Ev., 134, 135; 1 A. C. L. 767.) Second — Not giving instructions Nos. 1 and 4 of “ Exhibit 1,” Nos. 5, 7 and 11, of “ Exhibit 2,” in the language in which they were asked for…

1Concurrence

The opinion and response to the petition for rehearing were delivered by

Justice Beatty,

the full Bench concurring.

In this case 'a joint indictment for robbery was found against the appellant and others. Before going to trial a nolle prosequi was entered as to one of the parties indicted; two of the accomplices (Haynes and Low) were admitted to testify as witnesses for the State, and two only of the accused (Waterman and Harris) were put on trial. The jury brought in a verdict of guilty as to Waterman, and failed to agree as to Harris. Waterman moved for a new trial and in arrest of judgment.…

2Cited by22 opinions

  1. Adams v. StateSupreme Court of Florida · 1891
  2. Ford v. StateSupreme Court of Alabama · 1882
  3. Glover v. United StatesCourt of Appeals for the Eighth Circuit · 1906
  4. State v. TaylorSupreme Court of Missouri · 1893
  5. McAnally v. StateSupreme Court of Alabama · 1883

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