Legal Opinion

State v. Martel

Nevada Supreme Court

Decided April 15, 1910No. 1814PublishedCited by 3 opinions

Appeal from the District Court of the Fifth Judicial District of the State of Nevada, Nye County; J. P. O’Brien, Judge. William Martel was convicted of having burglars’ tools in his possession with intent to enter a store, and-he appeals. The facts sufficiently appear in the opinion.

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Appeal from the District Court of the Fifth Judicial District of the State of Nevada, Nye County; J. P. O’Brien, Judge. William Martel was convicted of having burglars’ tools in his possession with intent to enter a store, and-he appeals. The facts sufficiently appear in the opinion. I. One of the principal points upon which the defendant in.this'case relies, is the error of the court in instructing the jury in the said case, as follows: "If any witnesses examined before you has wilfully sworn falsely as to any material matter, you may disregard the entire evidence of such Avitnessl’ The…

1Opinion of the Court

By the Court,

Sweeney, J.:

The defendant, William Martel, was indicted by the grand jury of Nye County, State of Nevada, for the crime of having in his possession instruments and tools with felonious intent to break and enter into a merchandise store in Tonopah, *397Nevada. It appears from the evidence that the defendant, appellant herein, with two associates, were overheard planning the burglarizing of some building, and, upon being shadowed by the night officers of Tonopah, were arrested about midnight in the doorway of Ryan & Stenson’s clothing store in Tonopah, Nevada. Upon being apprehended^…

2Cases cited1 opinion

  1. Turner v. StateMississippi Supreme Court · 1909

3Cited by3 opinions

  1. Ginnis v. Mapes Hotel CorporationNevada Supreme Court · 1970
  2. State v. MircovichNevada Supreme Court · 1913
  3. State v. ScottNevada Supreme Court · 1914

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