State v. Donovan
Nevada Supreme Court
Appeal from the District Court of the Eighth Judicial District, White Pine County. The defendant, having been convicted of the crime of murder in the second degree, was sentenced to confinement at hard labor in the State prison for the term of his natural life. He appealed from the judgment. In addition to the instructions-copied in the opinion, the court gave the following, as asked by defendant’s attorney, viz.: “Ninth.
Read the full summary
Appeal from the District Court of the Eighth Judicial District, White Pine County. The defendant, having been convicted of the crime of murder in the second degree, was sentenced to confinement at hard labor in the State prison for the term of his natural life. He appealed from the judgment. In addition to the instructions-copied in the opinion, the court gave the following, as asked by defendant’s attorney, viz.: “Ninth. If the jury believe from the evidence that the defendant had drawn his pistol on the deceased with intent at the time to use the same, but did not use it, and repented of…
1Opinion of the Court
By the Court,
Hawley, C. J.:
Appellant Donovan, having been convicted of murder in the second degree, complains of the following language in the court’s charge to the jury: “All murder perpetrated by means of any kind of willful, deliberate and premeditated killing is murder in the first degree; murder which is wanting in any of these ingredients of willfulness, deliberation or premeditation is murder of the second degree.” * * * “The distinction between the two grades of murder has been above stated. Murder that is willful, deliberate and premeditated is murder of the first degree. If it is…
2Cited by10 opinions
- Lisby v. StateNevada Supreme Court · 1966
- State v. FitchNevada Supreme Court · 1948
- People v. SalorseCalifornia Supreme Court · 1882
- State v. FiskoNevada Supreme Court · 1937
- State v. JohnnyNevada Supreme Court · 1906
5 more not listed; retrieve them via the Exa API.