State v. McNamara
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Hon. Richard Rising, presiding. The facts of the case are stated in the opinion. The jury were not selected according to the provisions of the statute. The proper challenge was to the panel. (Stone v. People, 2 Scammon, 326.) Defendant was entitled to have the formalities of the law complied with in drawing the jury. People V. Coffman, 24 Cal. 234.) The record must show the jury was legally selected.
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Appeal from the District Court of the First Judicial District, Hon. Richard Rising, presiding. The facts of the case are stated in the opinion. The jury were not selected according to the provisions of the statute. The proper challenge was to the panel. (Stone v. People, 2 Scammon, 326.) Defendant was entitled to have the formalities of the law complied with in drawing the jury. People V. Coffman, 24 Cal. 234.) The record must show the jury was legally selected. ( The State v. Conra, 3 Blackford, 325.) A grand jury, not lawfully drawn, cannot prefer an indictment. (- v. The State, 24 Miss.…
1Opinion of the Court
Opinion by
Rrosnan, J., Beatty, C. J.,
concurring.
At the January Term, a.d. 1867, of the District Court of the First Judicial District, held in Storey County, McNamara, together with one O’Neil, were jointly indicted for the crime of murder, O’Neil having been charged as an accessory. McNamara was allowed a separate trial; was tried at said term of the Court; found guilty of murder in the second degree, and judicially sentenced to imprisonment in the State Prison for a term of thirteen years. After having made a motion for a new trial, and also in arrest of judgment, both of which were…
2Cases cited4 opinions
- Doll v. MeadorCalifornia Supreme Court · 1860
- People v. CoffmanCalifornia Supreme Court · 1864
- Bullard v. KinneyCalifornia Supreme Court · 1858
- Vesey v. HermannNevada Supreme Court · 1865
3Cited by9 opinions
- Bruner v. Superior CourtCalifornia Supreme Court · 1891
- State v. WebsterNevada Supreme Court · 1972
- State v. LawryNevada Supreme Court · 1868
- Cochran v. StateSupreme Court of Alabama · 1889
- Lemaire v. WalshNevada Supreme Court · 1903
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