Legal Opinion

State v. Salgado

Nevada Supreme Court

Decided October 15, 1914No. 2129Published

Appeal from the Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. Jose Salgado was convicted of murder in the first degree, and he appeals.

1Opinion

On Rehearing

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 j udgment.
“Nor will irresistible passion, if proved to have existed, be…

2Cases cited7 opinions

  1. Burt v. StateCourt of Criminal Appeals of Texas · 1897
  2. Nye v. PeopleMichigan Supreme Court · 1876
  3. Brewer v. StateSupreme Court of Alabama · 1909
  4. Brown v. CommonwealthSupreme Court of Virginia · 1890
  5. Commonwealth v. EckerdSupreme Court of Pennsylvania · 1896

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