Legal Opinion

State v. Pierce

Nevada Supreme Court

Decided April 15, 1873PublishedCited by 6 opinions

Appeal from tbe District Court of tbe Second Judicial-District, Douglas County. Tbe defendant was indicted by tbe grand jury of Ormsby County at tbe November term, 1872, of tbe murder of George Wilson, alleged to bave been committed on September 13, 1872. Tbe indictment charged tbat defendant on tbat day”or thereabouts “ without authority of law and with malice aforethought did shoot George Wilson at Carson City in tbe County of Ormsby, State of Nevada, with a six shooting…

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Appeal from tbe District Court of tbe Second Judicial-District, Douglas County. Tbe defendant was indicted by tbe grand jury of Ormsby County at tbe November term, 1872, of tbe murder of George Wilson, alleged to bave been committed on September 13, 1872. Tbe indictment charged tbat defendant on tbat day”or thereabouts “ without authority of law and with malice aforethought did shoot George Wilson at Carson City in tbe County of Ormsby, State of Nevada, with a six shooting Colt’s navy pistol, which be tbe said defendant William H. Pierce in bis right band then and there bad and held, which…

1Opinion of the Court

By the Court,

Whitman, C. J.:

It is objected by the appellant, convicted of murder in the second degree, that he was not allowed to make the final argument to the jury. The statute is as follows: * * * “When the evidence is concluded, unless the case is submitted to the jury on either side or on both sides without argument, the counsel for the people must open and must conclude the argument.” * * * “ When the state of the pleadings requires it, or in any other case for good reasons and in the sound discretion of the court, the order prescribed in the last section may be departed from.” “If the…

2Cases cited6 opinions

  1. The People v. . McCannNew York Court of Appeals · 1857
  2. People v. CoffmanCalifornia Supreme Court · 1864
  3. Polk v. StateIndiana Supreme Court · 1862
  4. State v. KlingerSupreme Court of Missouri · 1868
  5. People v. MilgateCalifornia Supreme Court · 1855

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3Cited by6 opinions

  1. Allen v. United StatesCourt of Appeals for the Ninth Circuit · 1902
  2. State ex rel. Murphy v. OvertonNevada Supreme Court · 1881
  3. Luckett v. Warden, Nevada State PrisonNevada Supreme Court · 1975
  4. State v. KeithNevada Supreme Court · 1873
  5. Territory v. EdmonsonMontana Supreme Court · 1881

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