State v. Ferguson
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District, Lincoln County. ^ The defendant was indicted on July'21, 1873, of the murder of Robert Ash, alleged to have been committed in Lincoln County on July 13, 1873. He was tried in August following; and, having been convicted of murder in the first degree, and his motion for a new trial having been overruled, was sentenced to be hanged on October 31, 1873. He appealed from the judgment and order.
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Appeal from the District Court of the Seventh Judicial District, Lincoln County. ^ The defendant was indicted on July'21, 1873, of the murder of Robert Ash, alleged to have been committed in Lincoln County on July 13, 1873. He was tried in August following; and, having been convicted of murder in the first degree, and his motion for a new trial having been overruled, was sentenced to be hanged on October 31, 1873. He appealed from the judgment and order. It appeared from the testimony of J. Earley, a witness for the prosecution, that Williams, the steward of the hospital where the homicide…
1Opinion of the Court
By the Court,
Hawley, J. :
The defendant was convicted of murder in the first degree. The court below refused to grant him a new trial; hence tin's appeal.
Defendant admitted the homicide and claimed that it was justifiable. The fight occurred on the 13th of July. Ash (deceased) was an Englishman and an Orangeman. Ferguson (defendant) was an Irishman and a Boman Catholic. Both were inmates of the county hospital; Ash as a cook, Ferguson as a patient. Both were under medical treatment. Dr. Deal, the county physician, testified that “they were both sick men,” and that he had “no means of judging…
2Cases cited9 opinions
- Pond v. PeopleMichigan Supreme Court · 1860
- Oliver v. StateSupreme Court of Alabama · 1850
- People v. WilliamsCalifornia Supreme Court · 1860
- State v. SloanSupreme Court of Missouri · 1871
- State v. CollinsSupreme Court of Iowa · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. RaymondNevada Supreme Court · 1876
- McClaine v. Territory of WashingtonWashington Supreme Court · 1890
- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
- Owens v. United StatesCourt of Appeals for the Ninth Circuit · 1904
- Harvey v. StateNevada Supreme Court · 1962
12 more not listed; retrieve them via the Exa API.