State v. Rover
Nevada Supreme Court
Appeal from the District Court of the Fourth Judicial District, Humboldt County. The facts are stated in the opinion. I. Notwithstanding the crime charged in the indictment may be murder in the first degree, a verdict that the jury find the defendant guilty of the crime charged in the indictment is not such a designation of the degree of murder as the statute requires. They must expressly state the degree of murder in their verdict.
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Appeal from the District Court of the Fourth Judicial District, Humboldt County. The facts are stated in the opinion. I. Notwithstanding the crime charged in the indictment may be murder in the first degree, a verdict that the jury find the defendant guilty of the crime charged in the indictment is not such a designation of the degree of murder as the statute requires. They must expressly state the degree of murder in their verdict. The verdict in this case was bad, and no valid judgment could be rendered on it. (Comp. L., Sec. 2323; People v. Marquis, 15 Cal. 38; People v. Campbell, 40 Cal.…
1Opinion of the Court
By the Court,
EaRLL, J.:
The defendant was indicted and tried in the district court of the fourth judicial district, Humboldt County, for the murder of one Isaac N. Sharp.
The jury returned a general verdict as follows: “We, the undersigned jurors in the case of the State of Nevada against J. W. Eover, defendant, indicted for the murder of I. N. Sharp, do find the said defendant guilty as charged.”
The defendant moved in arrest of judgment upon the ,• ground that the verdict was insufficient, because it did not specify the- degree of murder of which the jury found him guilty, and for his…
2Cases cited23 opinions
- Monroe v. StateSupreme Court of Georgia · 1848
- People v. WebbCalifornia Supreme Court · 1869
- Ford v. StateCourt of Appeals of Maryland · 1859
- People v. OlcottNew York Supreme Court · 1801
- Cobia v. StateSupreme Court of Alabama · 1849
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3Cited by15 opinions
- Warren v. StateCourt of Criminal Appeals of Oklahoma · 1911
- In Re ColfordCalifornia Court of Appeal · 1924
- State v. LindseyNevada Supreme Court · 1885
- State v. ThompsonMontana Supreme Court · 1891
- State v. PritchardNevada Supreme Court · 1881
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