State v. McClear
Nevada Supreme Court
Appeal from the District Court of the Ninth Judicial District, Elko County. The facts are stated in the opinion. I.. The act. of the legislature of the state of Nevada concerning juries in criminal cases, approved March 2, 1875, is unconstitutional and void. It conflicts with section 3 of article I of the Constitution of the state of Nevada. It conflicts with section 8 of article I of the Constitution of the state of Nevada.
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Appeal from the District Court of the Ninth Judicial District, Elko County. The facts are stated in the opinion. I.. The act. of the legislature of the state of Nevada concerning juries in criminal cases, approved March 2, 1875, is unconstitutional and void. It conflicts with section 3 of article I of the Constitution of the state of Nevada. It conflicts with section 8 of article I of the Constitution of the state of Nevada. It is in derogation of common law and against reason and justice. It deprives a party charged with a capital or infamous crime of the right of trial by an impartial jury.…
1Opinion of the Court
By the Court,
Hawley, C. J.:
The defendant was indicted, tried and convicted of the crime of rape.
Upon the trial, when- the court ordered the clerk to draw from the box containing the list of trial jurors thirty-six persons, the defendant, by his counsel, excepted to the order upon the ground that the act of the legislature of this state entitled, “An act to amend an act entitled ‘An act to regulate proceedings in criminal cases in the courts of justice in the territory of Nevada,* approved November twenty-sixth, eighteen hundred and sixty-one ” (approved March 2,1875), under which said jury…
2Cases cited12 opinions
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- Freeman v. PeopleNew York Supreme Court · 1847
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- State v. CohnNevada Supreme Court · 1874
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3Cited by52 opinions
- State v. PrinceNew Mexico Supreme Court · 1948
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- Derendal v. GriffithArizona Supreme Court · 2005
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