State v. Johnson
Nevada Supreme Court
Appeal from the District Court of the Fifth Judicial District, Lander County. The facts sufficiently appear in the opinion of the court. I. The supposed testimony of Emery read on the last trial of defendant was given on the first trial of the defendant when tried under the jury law of 1875. The proceedings were therefore void. (State v. McClear, 11 Nev. 39.) II.
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Appeal from the District Court of the Fifth Judicial District, Lander County. The facts sufficiently appear in the opinion of the court. I. The supposed testimony of Emery read on the last trial of defendant was given on the first trial of the defendant when tried under the jury law of 1875. The proceedings were therefore void. (State v. McClear, 11 Nev. 39.) II. Emery could not have been convicted of perjury had he testified falsely on the first trial, because an indictment will not lay for perjury in a void proceeding. (5th Ed. Bish. Crim. Law, 1028; State v. Hall, 25; 7 Blackford, Ind.)…
1Opinion of the Court
By the Court,
Hawley, C. J.:
The appeal in this case presents but one question: Did the court err in admitting the testimony of the witness Emery, against the objections of appellant?
The bill of exceptions shows that appellant was indicted for murder, and afterwards, on the eighteenth day of January, 1876, tried before a jury impaneled under the provisions of the jury law that was, in The State v. McClear (11 Nev. 39), declared unconstitutional; that upon said trial Johnll. Emery, then sheriff of Lander county, was a witness for the prosecution; that he was duly sworn and testified in said…
2Cases cited12 opinions
- State v. McO'BlenisSupreme Court of Missouri · 1857
- State v. McClearNevada Supreme Court · 1876
- State v. LarkinNevada Supreme Court · 1876
- Summons v. StateOhio Supreme Court · 1856
- State v. HouserSupreme Court of Missouri · 1858
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3Cited by8 opinions
- State v. CushingWashington Supreme Court · 1897
- People v. DozierCalifornia Court of Appeal · 1965
- Wade v. GouldSupreme Court of Oklahoma · 1899
- People v. OilerCalifornia Supreme Court · 1884
- Hair v. StateNebraska Supreme Court · 1884
3 more not listed; retrieve them via the Exa API.