Legal Opinion

State v. Huber

Nevada Supreme Court

Decided April 15, 1915No. 2152PublishedCited by 3 opinions

Appeal from the Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. Frank Huber was convicted of murder in the first degree, and he appeals. The evidence in regard to a certain order drawn upon appellant by deceased, and sent through the mail to witness Rutherford some time during the fall of 1911, was too remote, and could in no way bind this appellant; and such testimony was not admissible under any rule of evidence.

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Appeal from the Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. Frank Huber was convicted of murder in the first degree, and he appeals. The evidence in regard to a certain order drawn upon appellant by deceased, and sent through the mail to witness Rutherford some time during the fall of 1911, was too remote, and could in no way bind this appellant; and such testimony was not admissible under any rule of evidence. This testimony was necessarily prejudicial to the defendant. (12 Cyc. 390; Peoples. Carpenter, 68 Pac. 1027; People v. Wilson, 59 Pac. 581; People v. Arlington,…

1Opinion of the Court

By the Court,

Coleman, J.:

The appellant, who will hereafter be designated the defendant, was convicted of murder in the first degree, and from a denial of the motion for a new trial and the j udgment, appeals to this court.

It appears that on the 20th of August, 1913, William Billings, the deceased, went to the town of Mountain City, and after arriving inquired where the defendant could be found. Being informed by one George Anderson that the defendant was in the house where the defendant and his mother resided, the deceased, in company with said Anderson, proceeded to the residence and made…

2Cases cited21 opinions

  1. Wallace v. United StatesSupreme Court of the United States · 1896
  2. State v. PartlowSupreme Court of Missouri · 1886
  3. Adams v. PeopleIllinois Supreme Court · 1868
  4. Boykin v. PeopleSupreme Court of Colorado · 1896
  5. Atkins v. StateSupreme Court of Arkansas · 1855

16 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State v. BoyleNevada Supreme Court · 1926
  2. Wilkerson v. StateNevada Supreme Court · 1971
  3. State v. WesternSupreme Court of Iowa · 1930

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