Legal Opinion · Dissent

Levi v. State

Nevada Supreme Court

Decided November 9, 1979No. 11384Published

1DissentMowbray, C. J.

The majority, by invoking the principle of “substantial evidence”, places its imprimatur upon what I can characterize only as a gross miscarriage of justice. In its quest for a quantum of evidence to support the jury’s finding that appellant had committed child abuse resulting in serious permanent disfigurement, the majority loses sight of “one of the most basic concepts of due process of the law,” that a person may not be punished without evidence to support each and every element of the crime with which he is charged. Shuttlesworth v. City of Birmingham, 382 U.S. 87, 94-95 (1965); Thompson…

2Cases cited12 opinions

  1. Thompson v. City of LouisvilleSupreme Court of the United States · 1960
  2. People v. BeagleCalifornia Supreme Court · 1972
  3. Shuttlesworth v. City of BirminghamSupreme Court of the United States · 1966
  4. People v. BemisCalifornia Supreme Court · 1949
  5. State v. BouseOregon Supreme Court · 1953

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