State v. Depoister
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Humboldt County. A. L. Fitzgerald, District Judge. The facts sufficiently appear in the opinion. I. The depositions were neither signed nor authenticated as required by law, and their admission in evidence was error prejudicial to defendant. II. The court erred in admitting parol testimony to show that the depositions were regularly taken.
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Appeal from the District Court of the State of Nevada, Humboldt County. A. L. Fitzgerald, District Judge. The facts sufficiently appear in the opinion. I. The depositions were neither signed nor authenticated as required by law, and their admission in evidence was error prejudicial to defendant. II. The court erred in admitting parol testimony to show that the depositions were regularly taken. The record of the proceedings at the preliminary examination itself should show compliance with the statutory requirements. III. The verdict was not recorded as required by law, and until so recorded…
1Opinion of the Court
By the Court,
Murphx, J.:
The defendant was indicted, tried, and convicted for the crime of rape upon the person of Bertha May Sadler, of the age of about seven years. The appellant contends that the judgment should be set aside, and a new trial granted, on the following grounds: IHrst, That the court erred in permitting the prosecuting attorney to read to the jury the complaint upon which the warrant of arrest was issued, and the depositions of Bertha May Sadler and Lou Alexander. Because no complaint was laid before the magistrate of the commission of a public offense; the magistrate did not…
2Cases cited9 opinions
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- Renihan v. . DenninNew York Court of Appeals · 1886
- Hewit v. PrimeNew York Supreme Court · 1839
- State v. JonesNevada Supreme Court · 1872
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3Cited by13 opinions
- State v. CarnagySupreme Court of Iowa · 1898
- Freel v. Market Street Cable Railway Co.California Supreme Court · 1892
- State v. HamiltonSupreme Court of Missouri · 1924
- Lindsey v. PeopleSupreme Court of Colorado · 1919
- Coles v. HarschOregon Supreme Court · 1929
8 more not listed; retrieve them via the Exa API.