Legal Opinion

State v. Mircovich

Nevada Supreme Court

Decided January 15, 1913No. 2032PublishedCited by 14 opinions

Appeal from Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Andriza Mircovich was convicted of murder in the first degree, and appeals. The facts sufficiently appear in the opinion.

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Appeal from Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Andriza Mircovich was convicted of murder in the first degree, and appeals. The facts sufficiently appear in the opinion. The district attorney, in his zeal for a conviction, in his closing address went outside the evidence and referred to a crime committed in Goldfield, saying: "Why, gentlemen of the jury, if you cannot pronounce by your verdict the death penalty upon this defendant, I say, let’s resurrect old Casey and let him live again.” Such statement was seriously prejudicial to defendant’s legal rights and…

1Opinion of the Court

By the Court,

Talbot, C. J.:

Defendant was convicted of the crime of murder in the first degree under an indictment charging him with the killing of John Gregovich by stabbing with a knife at Tonopah on the 14th day of May, 1912. Upon the trial the case was submitted to the jury upon the evidence introduced on the part of the state.

[1] Two errors are assigned as grounds for reversal of the judgment. It is contended that the court erred in admitting certain statements and admissions in the nature of a confession made by defendant to certain officers in Nye County shortly after the assault and…

2Cases cited12 opinions

  1. State v. HartleyNevada Supreme Court · 1895
  2. State v. VaughanNevada Supreme Court · 1895
  3. State v. RodriguezNevada Supreme Court · 1909
  4. State v. PettyNevada Supreme Court · 1910
  5. State v. SmithNevada Supreme Court · 1910

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Collier v. State of NevadaNevada Supreme Court · 1985
  2. Lind v. WebberNevada Supreme Court · 1913
  3. State v. BoyleNevada Supreme Court · 1926
  4. Weck v. Reno Traction Co.Nevada Supreme Court · 1915
  5. State v. GambettaNevada Supreme Court · 1949

9 more not listed; retrieve them via the Exa API.

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