State v. McGinnis
Nevada Supreme Court
Appeal from the District Court of the Third Judicial District, Washoe County. The assault, out of which the prosecution arose, took place about eleven o’clock of a star-light night, in June, 1869, near Erlanger’s corner, in Washoe City. Several witnesses were -attracted to the spot, only one of whom testified to seeing a pistol in defendant’s hands. The only testimony introduced in defense was that of two witnesses, as to defendant’s previous good character for peace.
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Appeal from the District Court of the Third Judicial District, Washoe County. The assault, out of which the prosecution arose, took place about eleven o’clock of a star-light night, in June, 1869, near Erlanger’s corner, in Washoe City. Several witnesses were -attracted to the spot, only one of whom testified to seeing a pistol in defendant’s hands. The only testimony introduced in defense was that of two witnesses, as to defendant’s previous good character for peace. A motion for new trial having been denied, defendant was sentenced to pay a fine of one thousand dollars, or be imprisoned in…
1Opinion of the Court
By the Court,
Whitman, J.:
Defendant was convicted of an assault with a deadly weapon with intent to inflict upon the person of one William D. Knox a bodily injury, committed by striking said Knox on the head with a heavy pistol.
It is sought to reverse the judgment upon several grounds. First, of insufficiency of the evidence. There was some evidence tending to prove the allegations of the indictment. Such being the case, the verdict cannot be disturbed by this Court.
The second ground urged is, that the charge of the Court is not law, is ambiguous, and misled the jury. No specific error is…
2Cited by6 opinions
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- State v. MaynardNevada Supreme Court · 1886
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