State v. Tong
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. The defendant was convicted of the murder in the first degree of Ah Wy, committed by shooting with a pistol on May 11th, 1871, at Carson City. He was sentenced to be hanged. The word “ vindicate,” as used in the charge, means to punish for an infraction of the law.
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Appeal from the District Court of the Second Judicial District, Ormsby County. The defendant was convicted of the murder in the first degree of Ah Wy, committed by shooting with a pistol on May 11th, 1871, at Carson City. He was sentenced to be hanged. The word “ vindicate,” as used in the charge, means to punish for an infraction of the law. It assumes that the law has been broken, that a crime has been committed; and the instruction points out the defendant as the party charged with its commission. It leaves no chance for his escape, except the question of fact, whether he did the act of…
1Opinion of the Court
By the Court,
Garber, J.:
The appellant was convicted upon conflicting and partially circumstantial evidence, of the crime of murder in the first degree. The court, in charging the jury, after giving the statutory definition of the crime, used the following language: “ Such is the law which you, as jurors, are called upon to vindicate, and such is the charge against the defendant, who looks to you for the benefit of any reasonable doubt. * * Do simply that duty which naturally presents itself, as you act under your oath and the law and the testimony before you, and you cannot greatly err,…
2Cases cited2 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- State v. CollinsSupreme Court of Iowa · 1865
3Cited by14 opinions
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- State v. AustinWest Virginia Supreme Court · 1923
- Kellum v. StateDistrict Court of Appeal of Florida · 1958
- Claiborne v. Chesapeake & O. Ry. Co.West Virginia Supreme Court · 1899
- State v. BuralliNevada Supreme Court · 1903
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