State v. Salgado
Nevada Supreme Court
Appeal from Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. Jose Salgado was convicted of murder in the first degree, and appealed. Judgment affirmed (38 Nev. 64, ante). The- court erred in instructing the jury in regard to the degree of the alleged crime. Express malice and irresistible passion cannot coexist.
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Appeal from Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. Jose Salgado was convicted of murder in the first degree, and appealed. Judgment affirmed (38 Nev. 64, ante). The- court erred in instructing the jury in regard to the degree of the alleged crime. Express malice and irresistible passion cannot coexist. (State v. Vaughn, 22 Nev. 300; Maher v. People, 10 Mich. 212; State v. Hoyt, 13 Minn. 132; State v.- Henderson, 22 Pac. 1030; Davis v. People, 114 111. 86; State v. Ah Mook, 12 Nev. 369; State v. Lopez, 15 Nev. 407; State v. Hill, 20 N. C. 629, 34 Am. Dec. 396;…
1Opinion of the Court
By the Court,
NORCROSS, C. J.:
A rehearing was granted in this case in order that further consideration might be given to the following instruction:
'"Irresistible passion,’ as’used in these instructions, means something more than mere anger or irritation. It" means that at the time of the act the reason is disturbed or obscured by passion to an extent which might render ordinary men of fair average disposition liable to act rashly, or without due deliberation or reflection, and from passion rather than judgment.
"Nor will irresistible passion, if proved to have existed, be sufficient to reduce…
2Cases cited9 opinions
- Burt v. StateCourt of Criminal Appeals of Texas · 1897
- Nye v. PeopleMichigan Supreme Court · 1876
- Brewer v. StateSupreme Court of Alabama · 1909
- Brown v. CommonwealthSupreme Court of Virginia · 1890
- Commonwealth v. EckerdSupreme Court of Pennsylvania · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. FouquetteNevada Supreme Court · 1950
- State v. TeeterNevada Supreme Court · 1948
- State v. FiskoNevada Supreme Court · 1937
- Allan v. StateNevada Supreme Court · 1976
- State v. MilosovichNevada Supreme Court · 1918
12 more not listed; retrieve them via the Exa API.