Legal Opinion

State v. Gray

Nevada Supreme Court

Decided October 15, 1885No. 1215PublishedCited by 26 opinions

Appeal from the District Court of the Fourth Judicial District, Humboldt County. The facts are sufficiently stated in the opinion. I. The court erred in denying the motion for a change of venue. (Crim. Pr. Act, secs. 306-8; People v. Lee, 5 Cal. 353; People v. Yoakum, 53 Cal. 566; People v. Bodine, 7 Hill, 147; People v. Webb, 1 Hill, 179; People v. Baker, 3 Abb. Pr. 42; State v. Millain, 3 Nev. 409.) II.

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Appeal from the District Court of the Fourth Judicial District, Humboldt County. The facts are sufficiently stated in the opinion. I. The court erred in denying the motion for a change of venue. (Crim. Pr. Act, secs. 306-8; People v. Lee, 5 Cal. 353; People v. Yoakum, 53 Cal. 566; People v. Bodine, 7 Hill, 147; People v. Webb, 1 Hill, 179; People v. Baker, 3 Abb. Pr. 42; State v. Millain, 3 Nev. 409.) II. The court erred in denying defendant’s challenge to the panel of jurors brought in on the open venire. The court overruled the challenge of its own motion, without such challenge being…

1Opinion of the Court

By the Court,

Belknap, C. J.: —

Defendant appeals from a judgment of conviction of murder of the first degree upon numerous exceptions.

1. Defendant applied for a change of venue on the ground of prejudice existing against him in the county where the indictment was pending, wffiich would prevent him from having a fair and impartial trial. The application was based upon affidavits tending to establish the fact alleged, and resisted by counter-affidavits. It is unnecessary to consider the oontents of the affidavits. The district court overruled the motion for the time being, until it could be…

2Cases cited8 opinions

  1. People v. SanchezCalifornia Supreme Court · 1864
  2. People v. RathbunNew York Supreme Court · 1839
  3. Lewis v. StateSupreme Court of Alabama · 1860
  4. People v. CottaCalifornia Supreme Court · 1874
  5. People v. TaingCalifornia Supreme Court · 1879

3 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. State v. FouquetteNevada Supreme Court · 1950
  2. Morgan v. StateNebraska Supreme Court · 1897
  3. Rhea v. StateNebraska Supreme Court · 1901
  4. People v. FredericksCalifornia Supreme Court · 1895
  5. State v. HartleyNevada Supreme Court · 1895

21 more not listed; retrieve them via the Exa API.

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