State v. Salge
Nevada Supreme Court
Appeal from an order granting a new trial in tbe District Court of tbe Second Judicial District, Ormsby County, Hon. R. S. Mesick, Judge of tbe First Judicial District, presiding. The facts are stated in tbe Opinion of tbe Court.
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Appeal from an order granting a new trial in tbe District Court of tbe Second Judicial District, Ormsby County, Hon. R. S. Mesick, Judge of tbe First Judicial District, presiding. The facts are stated in tbe Opinion of tbe Court. Tbis Appeal is authorized by Statutes of 1861, p. 486, sec. 469. It is in tbe discretion of tbe Court to exclude a witness from testifying, who has improperly, and in violation of tbe order of tbe Court, come in whilst other witnesses are testifying. (1 Greenleaf on Ev. 432 ; 3 Starlrie on Ev. 1733, and notes G. and H.; 1 Phillips’ Ev. 268, notes and references; Part…
1Opinion of the Court
Opinion by
Beatty, J., full Bench concurring.
Wm. Salge was indicted for grand larceny. He was first tried and convicted and sentenced in Douglas County, where the offense was alleged to have been committed. That judgment was reversed, and the defendant obtained a change of venue to Ormsby County. He was again put on his trial, and the jury again found him guilty. The Court before which he was tried made an order granting him a new trial, and the State appeals from that order.
The new trial was applied for on various grounds of alleged error committed by the Court during the progress of the…
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