Legal Opinion

State v. Casey

Nevada Supreme Court

Decided April 15, 1911No. 1876PublishedCited by 14 opinions

Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Peter J. Somers, Judge. Patrick C. Casey was convicted of murder in the first degree, and he appeals. The facts sufficiently appear in the opinion.

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Appeal from the District Court of the Seventh Judicial District of the State of Nevada, Esmeralda County; Peter J. Somers, Judge. Patrick C. Casey was convicted of murder in the first degree, and he appeals. The facts sufficiently appear in the opinion. The admission of the ex parte affidavit of Frank W. Champion in opposition to defendant’s motion to quash the indictment was (a) hearsay; (b) the defendant was deprived of the right to be confronted by the witness or party making the affidavit; (c) the testimony should have been taken by deposition instead of by affidavit in the defendant’s…

1Opinion of the Court

By the Court,

Sweeney, C. J.:

The defendant, under the assumed name of Patrick C. Casey, was indicted by the grand jury of Esmeralda County, State of Nevada, for the crime of murder in the first degree, for wilfully, feloniously, and with malice aforethought inflicting a mortal wound on Mrs. Lucy Heslip with a loaded pistol, from which she died qn the 16th day of August, 1909.

*159It appears from the record that on the 16th day of August, 1909, at about 7 o’clock in the evening, the defendant shot and killed Mrs. Lucy Heslip and wounded her companion, Mrs. Alice Mann, at Goldfield, Nevada, while…

2Cases cited30 opinions

  1. Hawes v. StateSupreme Court of Alabama · 1889
  2. People v. GoldensonCalifornia Supreme Court · 1888
  3. People v. RathbunNew York Supreme Court · 1839
  4. Goldsberry v. StateNebraska Supreme Court · 1902
  5. State v. MillainNevada Supreme Court · 1867

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

3Cited by14 opinions

  1. State v. FouquetteNevada Supreme Court · 1950
  2. State v. CypherIdaho Supreme Court · 1968
  3. State v. HoaglandIdaho Supreme Court · 1924
  4. Cutler v. StateNevada Supreme Court · 1977
  5. State v. KellyNew Jersey Superior Court Appellate Division · 1972

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

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