Legal Opinion

State v. Ward

Nevada Supreme Court

Decided January 15, 1886No. 1220PublishedCited by 15 opinions

Appeal from the District Court of the Fourth Judicial District, Elko County. The instruction referred to in the opinion of the court as being on page 63 of the transcript reads as follows: “In the exercise of a right which the law accords to him, the defendant has testified as a witness in his own behalf, and gives you his version of the facts connected with the transaction out of which this prosecution arose.

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Appeal from the District Court of the Fourth Judicial District, Elko County. The instruction referred to in the opinion of the court as being on page 63 of the transcript reads as follows: “In the exercise of a right which the law accords to him, the defendant has testified as a witness in his own behalf, and gives you his version of the facts connected with the transaction out of which this prosecution arose. The fact that he is charged with the commission of a public offense is not a circumstance which, of itself, impairs his credibility; until impeached by some legal means which may be…

1Opinion of the Court

By the Court,

Leonard', J.:

Appellant was convicted of the crime of grand larceny. lie was jointly indicted with John Ilehnessy, but had a separate trial.

1. The demurrer to the indictment was properly overruled. The indictment did not charge the commission of two distinct offenses, to wit, grand'and petit larceny. The charge was, that defendants willfully' and feloniously stole, took, carried, led, and drove away two horses, described, of the value of one' hundred and fifty dollars, and, at the same time and place, willfully and feloniously stole, took, and carried away, together with the said…

2Cases cited14 opinions

  1. State v. BrownOregon Supreme Court · 1879
  2. Scott v. StateSupreme Court of Alabama · 1857
  3. State v. GrantSupreme Court of Missouri · 1882
  4. State v. JonesNevada Supreme Court · 1872
  5. State v. MixSupreme Court of Missouri · 1851

9 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. People v. DavisCalifornia Supreme Court · 1998
  2. Commonwealth v. CabotMassachusetts Supreme Judicial Court · 1922
  3. Robinson v. United StatesCourt of Appeals for the Tenth Circuit · 1944
  4. Goldsmith v. Sheriff of Lyon CountyNevada Supreme Court · 1969
  5. State v. BuralliNevada Supreme Court · 1903

10 more not listed; retrieve them via the Exa API.

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