State v. Kuhl
Nevada Supreme Court
Appeal from Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. B. E. Kuhl and others were convicted of murder, and Kuhl appeals. Where there is no evidence at all tending to prove that the witness is qualified to testify as an expert, or where there is palpable abuse of discretion, the ruling of the trial court is subject to review.
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Appeal from Fourth Judicial District Court, Elko County; E. J. L. Taber, Judge. B. E. Kuhl and others were convicted of murder, and Kuhl appeals. Where there is no evidence at all tending to prove that the witness is qualified to testify as an expert, or where there is palpable abuse of discretion, the ruling of the trial court is subject to review. Jones on Evidence, vol. 2, p. 898. None of the witnesses for the state, upon their foundation testimony, qualified as experts upon the proposition of the palm print. “The rules with respect to the use of expert evidence are numerous'. They follow,…
1Opinion of the Court
By the Court,
McCarran, C. J. :
In this case we are dealing with the appeal of B. E. Kuhl only. The appeal of Ed. Beck, who was tried separately, is dealt with by this court in another opinion. [See No. 2330, immediately following this case.]
The appellant, Kuhl, with his codefendants, were jointly informed against by the district attorney of Elko County for the crime of murder. They were specifically charged with the killing of one Fred M. Searcey, a United States mail-stage driver, at or near Jarbidge, in Elko County, Nevada. The testimony was wholly circumstantial. One of the elements in the…
2Cases cited14 opinions
- People v. JenningsIllinois Supreme Court · 1911
- People v. . RoachNew York Court of Appeals · 1915
- Young v. StateSupreme Court of Alabama · 1881
- State v. CercielloSupreme Court of New Jersey · 1914
- People v. . StorrsNew York Court of Appeals · 1912
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3Cited by32 opinions
- Ewing v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- State v. WilsonWashington Supreme Court · 1951
- Commonwealth v. BartoliniMassachusetts Supreme Judicial Court · 1938
- Grice v. StateCourt of Criminal Appeals of Texas · 1941
- Turner v. CommonwealthSupreme Court of Virginia · 1977
27 more not listed; retrieve them via the Exa API.