Legal Opinion

State v. Roberts

Nevada Supreme Court

Decided July 15, 1905No. 1673PublishedCited by 28 opinions

Appeal from the District Court, Washoe County; B. F. Ourler, Judge. Fred Roberts and others were convicted of murder, and appeal. The facts sufficiently appear in the opinion. I. It is respectfully submitted to this court to admit as a dying declaration by Jack Welsh, the written statement introduced in the case and marked State's Exhibit J. This statement was offered as a written dying declaration of the deceased.

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Appeal from the District Court, Washoe County; B. F. Ourler, Judge. Fred Roberts and others were convicted of murder, and appeal. The facts sufficiently appear in the opinion. I. It is respectfully submitted to this court to admit as a dying declaration by Jack Welsh, the written statement introduced in the case and marked State's Exhibit J. This statement was offered as a written dying declaration of the deceased. To that offer, the defendants objected in substance as follows: That the declarations are hearsay'; that their admission would violate the constitutional right of these defendants…

1Opinion of the Court

By the Court,

Talbot, J.:

The defendants are three of the four who were convicted *369of murder in the first degree in Humboldt County, and on a former appeal were granted a new trial by this court because a juror who had expressed an unqualified opinion regarding their guilt or innocence had been allowed to, serve. (27 Nev. 449.) Later the case was transferred to Washoe County, and Frank Williams, who had been indicted, tried, and convicted jointly with these defendants, was there given a separate trial. They have again been convicted of murder in the first degree, and again appeal.

On August…

2Cases cited47 opinions

  1. Clyde Mattox v. United StatesSupreme Court of the United States · 1892
  2. Wilson v. United StatesSupreme Court of the United States · 1896
  3. People v. DurrantCalifornia Supreme Court · 1897
  4. Ruloff v. . the PeopleNew York Court of Appeals · 1871
  5. State v. AdamsSupreme Court of Kansas · 1878

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

3Cited by28 opinions

  1. State v. TeeterNevada Supreme Court · 1948
  2. State v. JonesMontana Supreme Court · 1914
  3. Tucker v. StateNevada Supreme Court · 1966
  4. State v. ByrdMontana Supreme Court · 1910
  5. State v. LinebargerIdaho Supreme Court · 1951

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

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