State v. Enkhouse
Nevada Supreme Court
Appeal from Sixth Judicial District Court, Humboldt County; Edward A. Dueker, Judge. J. F. Enkhouse was convicted of mayhem, and he appeals.
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Appeal from Sixth Judicial District Court, Humboldt County; Edward A. Dueker, Judge. J. F. Enkhouse was convicted of mayhem, and he appeals. The information does not state facts sufficient to constitute the offense for which the defendant was convicted; the court erred in instructing the jury as to matters of law, and in refusing to instruct the jury that an assault and battery, or an assault, was an offense included within the charge in the information; and there was insufficiency of evidence to support the verdict. (Rev. Laws, 6416, 6418.) The act alleged in the information does not…
1Opinion of the Court
By the Court,
NORCROSS, C. J.:
This is an appeal from a judgment of conviction of the crime of mayhem.
It is contended by appellant that the information does not state facts sufficient to constitute the offense for *4which the defendant was convicted; that the court below erred in the giving and refusal of certain instructions and in fixing the minimum of punishment at five years’ imprisonment; that the evidence is insufficient to support the verdict.
The charging part of the information reads as follows:
"That the said defendant, J. F. Enkhouse, did then and there wilfully, unlawfully, and…
2Cases cited3 opinions
- State v. JohnnyNevada Supreme Court · 1906
- People v. DemastersCalifornia Supreme Court · 1895
- Green v. StateSupreme Court of Alabama · 1907
3Cited by4 opinions
- Lisby v. StateNevada Supreme Court · 1966
- Rosas v. StateNevada Supreme Court · 2006
- Lamb v. CreeNevada Supreme Court · 1970
- Blaine Fashions, Inc. v. Scheri ShopNevada Supreme Court · 1968