State v. O'Connor
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. Tbe instructions refused by tbe court upon tlie question of drunkenness, referred to in the opinion, read as follows: “If tbe jury find tliat the defendant, at tbe time of the assault, bad, by drinking intoxicating liquors, made bimself incapable mentally of entertaining tbe intent to kill, then he is not guilty, unless lie had formed the intent to kill when mentally capable of entertaining it.”
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Appeal from the District Court of the First Judicial District, Storey County. Tbe instructions refused by tbe court upon tlie question of drunkenness, referred to in the opinion, read as follows: “If tbe jury find tliat the defendant, at tbe time of the assault, bad, by drinking intoxicating liquors, made bimself incapable mentally of entertaining tbe intent to kill, then he is not guilty, unless lie had formed the intent to kill when mentally capable of entertaining it.” “The application of the rule that drunkenness is no excuse • for crime to the case on hand would be that the drunkenness…
1Opinion of the Court
By the Court,
Beatty, J.:
The defendant Avas convicted of an assault with intent to kill, and appeals from the judgment. His first point is, that the district court erred in overruling his demurrer to the indictment. Omitting the title and other formal parts, the indictment reads as fellows: “ George O’Connor is accused, by the grand jury of the county of Storey, by this indictment, of the crime of an assault with intent to kill, committed as follows, to wit: That on the twenty-third day of February, A. d. 1876, or thereabouts, at the county of Storey and state of Nevada, Avithout authority of…
2Cases cited6 opinions
- People v. WilliamsCalifornia Supreme Court · 1860
- State v. O'FlahertyNevada Supreme Court · 1871
- State v. FergusonNevada Supreme Court · 1874
- State v. RiggNevada Supreme Court · 1875
- Tuolumne Water Co. v. ChapmanCalifornia Supreme Court · 1857
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3Cited by13 opinions
- State v. McLaneNevada Supreme Court · 1880
- State v. LovelessNevada Supreme Court · 1944
- State v. BuralliNevada Supreme Court · 1903
- Graves v. YoungNevada Supreme Court · 1966
- State v. BourdlaisNevada Supreme Court · 1954
8 more not listed; retrieve them via the Exa API.