State v. MacKinnon
Nevada Supreme Court
Appeal from Seventh Judicial District Court, Mineral County; Emmett J. Walsh, Judge. Hector MacKinnon was convicted of assault with a deadly weapon, and appeals. The information is fatally defective, in that it does not state facts sufficient to constitute a public offense, and particularly the offense with which the defendant was sought to be charged, or the offense of which the appellant was convicted.
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Appeal from Seventh Judicial District Court, Mineral County; Emmett J. Walsh, Judge. Hector MacKinnon was convicted of assault with a deadly weapon, and appeals. The information is fatally defective, in that it does not state facts sufficient to constitute a public offense, and particularly the offense with which the defendant was sought to be charged, or the offense of which the appellant was convicted. Under the law it is required that the allegations of an information be direct and positive in regard to the facts constituting the alleged offense. The facts cannot be supplied by inference,…
1Concurrence
McCarran, C. J.:
I concur in the order and so much of the opinion of Mr. Justice Coleman as reverses the case by reason of the giving by the trial court of the instruction relative to the law as to presumption of intent. I am not in-accord, however, with the views taken by my learned associate on that phase of the case which has to do with the action of the trial court in denying the continuance asked for by the defendant for the purpose of securing counsel.
The record in this case, taken in its entirety, as disclosed by the minutes of the court made on the several occasions when the defendant…
2Cases cited7 opinions
- People v. GoldensonCalifornia Supreme Court · 1888
- People v. NapthalyCalifornia Supreme Court · 1895
- State v. YoesWest Virginia Supreme Court · 1910
- Baker v. StateCourt of Criminal Appeals of Oklahoma · 1913
- People v. CrowleyCalifornia Court of Appeal · 1910
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