State v. Blaha
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Frank Blaha was convicted of burglary of the first degree, and appeals. If objection be made, the voluntary character of an alleged confession must be determined by the court before the confession can properly go to the jury. It is error for the court to refuse to first rule as to whether the confession was or was not voluntary. (Am. & Eng. Ency.
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Appeal from Second Judicial District Court, Washoe County; Thomas F. Moran, Judge. Frank Blaha was convicted of burglary of the first degree, and appeals. If objection be made, the voluntary character of an alleged confession must be determined by the court before the confession can properly go to the jury. It is error for the court to refuse to first rule as to whether the confession was or was not voluntary. (Am. & Eng. Ency. Law,vol. 6, 2d ed. p. 554; People v. Him Ti, 32 Cal. 64; People v. Ah How, 34 Cal. 218.) The court should have instructed the jury that a witness shown to have sworn…
1Opinion of the Court
By the Court,
Norcross, C. J.:
1-3. Appellant was convicted of the crime of burglary of the first degree, and appeals. Evidence was introduced establishing the fact that a burglary was committed on the night of the 25th day of July, 1915, in the city of Reno, and certain jewelry taken from a trunk stored in a building upon the property of one R. T. Harwell. Upon the afternoon of the day following the burglary appellant was arrested by a police officer of the city of Reno while in the act of. attempting to dispose of the stolen jewelry, and was at once taken to the police station. The arresting…
2Cited by10 opinions
- People v. StoecklMichigan Supreme Court · 1956
- Benson v. BensonNevada Supreme Court · 1949
- Polito v. StateNevada Supreme Court · 1955
- State v. WhiteNevada Supreme Court · 1930
- State v. WilliamsNevada Supreme Court · 1923
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