State v. Loveless

OPINION

By the Court,

Ducker, J.:

The defendant was convicted in the district court of the Fourth judicial district of Elko County of murder of the first degree, for the killing of one A. H. Berning. The jury did not exercise their discretion to fix the penalty in their verdict, and the court, after denying a motion in arrest of judgment and a motion for a new trial, pronounced judgment of death against the defendant. He has appealed from the judgment and order denying his motion for a new trial.

This is the second appeal in the case. Upon the first appeal the judgment of death against the…