State v. Wong Fun
Nevada Supreme Court
Appeal from judgment on verdict of guilty of murder in first degree and order denying motion for new trial, from District Court, White Pine county; George F. Talbot, District Judge. The defendant rests his application for a new trial upon the ground that the verdict is contrary to law and evidence. If the defendant committed a crime in the killing of the deceased, it could only amount to murder in the second degree.
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Appeal from judgment on verdict of guilty of murder in first degree and order denying motion for new trial, from District Court, White Pine county; George F. Talbot, District Judge. The defendant rests his application for a new trial upon the ground that the verdict is contrary to law and evidence. If the defendant committed a crime in the killing of the deceased, it could only amount to murder in the second degree. The evidence, without contradiction clearly establishes that the killing was done without premeditation, or any mixture of deliberation, when the situation of the parties was…
1Opinion of the Court
By the Court,
Bigelow, C. J.:
The defendant was convicted of murder in the first degree and appeals. The charging part of the indictment reads as follows: “The said George Fong, on the 4th day of October, A. D. 1894, or thereabouts, without authority of law, and with malice aforethought., killed one Hing Lee, a human being, by shooting him with a pistol, at said county, State of Nevada.”
Under our statute dividing murder into two degrees, and the one providing a form of indictment, this indictment is sufficient to support a verdict of murder in the first degree, although it does not charge that…
2Cases cited11 opinions
- People v. DoyellCalifornia Supreme Court · 1874
- State v. MillainNevada Supreme Court · 1867
- People v. IamsCalifornia Supreme Court · 1880
- State v. AndersonNevada Supreme Court · 1868
- People v. ValenciaCalifornia Supreme Court · 1872
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3Cited by15 opinions
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- Hern v. StateNevada Supreme Court · 1981
- State v. ThompsonNevada Supreme Court · 1909
- Criswell v. StateNevada Supreme Court · 1968
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