State v. Collyer
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. The facts are stated in the opinion. I. Defendant was guaranteed by the constitution the right to be tried upon an indictment found by a grand jury. Of this right he was deprived by the lower court. It is essential that the grand jury should be formed as provided by the laws of the state; otherwise its acts are null and void.
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Appeal from the District Court of the First Judicial District, Storey County. The facts are stated in the opinion. I. Defendant was guaranteed by the constitution the right to be tried upon an indictment found by a grand jury. Of this right he was deprived by the lower court. It is essential that the grand jury should be formed as provided by the laws of the state; otherwise its acts are null and void. (People v. Southwell, 46 Cal. 150; State v. McNamara, 3 Nev. 70; State v. 0’Flaherty, 7 Nev. 157; People v. Coffman, 24 Cal. 234; People v. Thurston, 5 Cal. 69; 1 Bish. Cr. Pro., sec. 761,…
1Opinion of the Court
By the Court,
Hawley, C. J.:
Appellant was indicted and tried for the crime of ‘ ‘ assault with intent to kill,” and convicted of “an assault with a deadly weapon to inflict a bodily injury upon the person of F. N. Bidleman.”
He claims that the indictment was not found by a legal grand jury, and that it should, for that reason, have been set aside by the court.
■When the indictment was found (September 13, 1882) he was not in custody and had not been held to answer. He was arrested and brought before the court on the next day (September 14) for arraignment, and an attorney was* then appointed by…
2Cases cited25 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- Dolan v. . PeopleNew York Court of Appeals · 1876
- Morrow v. WeedSupreme Court of Iowa · 1856
- People v. CoffmanCalifornia Supreme Court · 1864
- State v. LarkinNevada Supreme Court · 1876
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3Cited by18 opinions
- Carson Ready Mix, Inc. v. First National BankNevada Supreme Court · 1981
- Tegeler v. StateCourt of Criminal Appeals of Oklahoma · 1913
- State v. LewisNevada Supreme Court · 1939
- State v. BuralliNevada Supreme Court · 1903
- Parus v. District Court of the Fourth Judicial District of the State of Nevada ex el. County of ElkoNevada Supreme Court · 1918
13 more not listed; retrieve them via the Exa API.