State v. Willberg
Nevada Supreme Court
Appeal from the Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Fred Willberg was convicted of murder, and from the judgment, and order denying his motion for new trial, he appeals.
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Appeal from the Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Fred Willberg was convicted of murder, and from the judgment, and order denying his motion for new trial, he appeals. The court erred in giving instructions as to voluntary manslaughter, there being no evidence in support thereof (Territory v. Archuleta, 16 N. M. 219; State v. Crosby, 191 Pac. 1079) ; and in its instruction emphasizing the testimony of a witness who had not testified at the preliminary examination. “An instruction' is erroneous and properly refused, * * * which singles out or emphasizes…
1Opinion of the Court
By the Court,
Sanders, C. J.:
The record discloses that Fred Willberg was informed against by the district attorney of Nye County for the murder of Dixie Miller, by shooting her with a revolver, in a resort known as Blake’s Cabaret, in the town of Tonopah, Nye County, Nevada, on the 25th day of August, 1920. He was tried and convicted of murder in the first degree. The jury, as they are privileged to do in capital cases, by their verdict fixed the punishment at confinement in the state prison for life. A motion for a new trial was overruled. The court pronounced judgment and sentence in…
2Cases cited7 opinions
- People v. GoldensonCalifornia Supreme Court · 1888
- People v. TallmadgeCalifornia Supreme Court · 1896
- People v. AnthonyCalifornia Supreme Court · 1880
- People v. BonesCalifornia Court of Appeal · 1917
- People v. TungCalifornia Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. JonesSupreme Court of South Carolina · 1925
- State v. JonNevada Supreme Court · 1923
- State v. SquierNevada Supreme Court · 1936
- State v. LewisNevada Supreme Court · 1939
- State v. LovelessNevada Supreme Court · 1944
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