Nall v. Warden

I concur only in the result.

It is my opinion that this appeal should not be entertained at all. On his appeal after the trial Nall could have raised the issue that he now asserts to the court because Lapinski v. State, 84 Nev. 611, 446 P.2d 645 (1968), was in existence at the time of appeal. He failed to request an appropriate instruction. Such failure precludes consideration of the matter on direct appeal, Mears v. State, 83 Nev. 3, 10, 422 P.2d 230 (1967); Peoples v. State, 83 Nev. 115, 117, 423 P.2d 883 (1967); State v. Carcerano, 390 P.2d 923, 930 (Ore. 1964); Cohen v. United States, 366…