State v. Sella
Nevada Supreme Court
Appeal from Sixth Judicial District Court, Humboldt County; Edward A. Ducker, Judge. Adolfo Sella was convicted of murder in the second degree, and he appeals. The evidence in this case is not sufficient to support a conviction of murder. From all the circumstances, it is apparent that there was not the element of murder in the case; For that reason, any error committed upon the trial must be presumed to be prejudicial.
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Appeal from Sixth Judicial District Court, Humboldt County; Edward A. Ducker, Judge. Adolfo Sella was convicted of murder in the second degree, and he appeals. The evidence in this case is not sufficient to support a conviction of murder. From all the circumstances, it is apparent that there was not the element of murder in the case; For that reason, any error committed upon the trial must be presumed to be prejudicial. The highest offense of which the appellant could have been legally convicted was manslaughter, and therefore the judgment should be reversed. Upon the trial of a defendant who…
1Opinion of the Court
By the Court,
McCarran, C. J.:
The appellant was convicted in the District Court of Humboldt County of murder in the second degree. The charge grew out of the killing of one Marcel Edmund Ramella in a saloon in the town of Winnemucca in that county. The killing was by shooting with a pistol. The record discloses that both the appellant and deceased had been drinking during the day and up to the time of the incident out of which deceased lost his life. It appears that prior to the day on which the shooting *117occurred, and indeed almost up to the time at which the fatal shot was fired, appellant…
2Cases cited64 opinions
- DeArman v. StateSupreme Court of Alabama · 1882
- People v. . McKaneNew York Court of Appeals · 1894
- Andrews v. StateSupreme Court of Georgia · 1903
- Moulton v. StateSupreme Court of Alabama · 1889
- Olive v. StateNebraska Supreme Court · 1881
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3Cited by10 opinions
- State v. BoyleNevada Supreme Court · 1926
- State v. KuhlNevada Supreme Court · 1918
- Spalitto v. United StatesCourt of Appeals for the Eighth Circuit · 1930
- People v. SoulesCalifornia Court of Appeal · 1940
- State v. HelmNevada Supreme Court · 1949
5 more not listed; retrieve them via the Exa API.