State v. Lopez
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District, Elko County. Tbe facts appear in tbe opinion. I. The conversations held by the jurors with Chris. Walsh were concerning a subject connected with the trial, and constitute a fatal error. It was not the intention of the law that the jury should be allowed to roam around and pick up any information out of court.
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Appeal from the District Court of the Seventh Judicial District, Elko County. Tbe facts appear in tbe opinion. I. The conversations held by the jurors with Chris. Walsh were concerning a subject connected with the trial, and constitute a fatal error. It was not the intention of the law that the jury should be allowed to roam around and pick up any information out of court. It was only intended that the jury should view the place where the offense is charged to have been committed, for the sole purpose of enabling the jurors to understand the testimony given in the court. (Wright v. Carpenter,…
1Opinion of the Court
By the Court,
Beatty, C. J.:
The defendant appeals from a judgment convicting him of murder in the first degree, and also from the order of the district court denying his motion for a new trial.
One of the grounds for granting a new trial on application of the defendant in a criminal action, is the following:
“2. When the jury has received any evidence oat of court other than that resulting from a view as provided in section 377.” (Cr. Pr. Act., sec. 428.)
Section 377 reads as follows: “Section 377. Whenever in the opinion of the court it is proper that the jury should view the place in which the…
2Cases cited2 opinions
- People v. PoolCalifornia Supreme Court · 1865
- People v. GreenCalifornia Supreme Court · 1878
3Cited by12 opinions
- Byford v. StateNevada Supreme Court · 2000
- Nika v. StateNevada Supreme Court · 2008
- State v. BakerIdaho Supreme Court · 1916
- State v. HallNevada Supreme Court · 1932
- State v. WilliamsNevada Supreme Court · 1905
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