State v. Mills
Nevada Supreme Court
Appeal from the District Court of the Ninth Judicial District, Elko County The facts are stated in the opinion. To constitute murder in the first degree, the intent to kill must be the result of deliberate premeditation. It must be formed upon a pre-existing reflection, and not upon a sudden heat of passion sufficient to preclude the idea of deliberation. (People v. Nichols, 34 Cal, 212; States.
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Appeal from the District Court of the Ninth Judicial District, Elko County The facts are stated in the opinion. To constitute murder in the first degree, the intent to kill must be the result of deliberate premeditation. It must be formed upon a pre-existing reflection, and not upon a sudden heat of passion sufficient to preclude the idea of deliberation. (People v. Nichols, 34 Cal, 212; States. Raymond, 11 Nev. 98.) Tbe testimony of the witnesses shows conclusively that the appellant acted upon the sudden heat of passion, aroused by extreme intoxication and the assault and battery committed…
1Opinion of the Court
By the Court,
Leonard, J.:
Appellant was convicted of the crime of murder of the first degree. He appeals from the judgment and the order overruling his motion for a new trial. The grounds of the motion were that the verdict was contrary to law and the evidence. We are urged to reverse the order and judgment on the sole ground that the evidence did not justify a verdict of murder of the first degree. The bill of exceptions proper presents no part of the evidence, and only contains the fact that after trial, appellant, by his counsel, filed his motion for a new trial, which was submitted without…
2Cases cited1 opinion
- State v. HuffNevada Supreme Court · 1876
3Cited by13 opinions
- State v. McKayNevada Supreme Court · 1946
- State v. FitchNevada Supreme Court · 1948
- Criswell v. StateNevada Supreme Court · 1968
- State v. BusscherNevada Supreme Court · 1965
- State v. ButnerNevada Supreme Court · 1949
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