Legal Opinion

State v. Harkin

Nevada Supreme Court

Decided January 15, 1872PublishedCited by 17 opinions

Appeal from the District Court of the Second Judical District, Douglas County. The difficulty, which resulted in the killing of deceased, occurred in a place known as the Snug Saloon, in Genoa, Douglas County. Several persons were present, besides deceased and defendant. Hardwick was under the influence of liquor. After some conversation with Harkin about twenty dollars which Hard-wick owed Harkin, Hardwick referred to threats that he said Harkin had made against him.

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Appeal from the District Court of the Second Judical District, Douglas County. The difficulty, which resulted in the killing of deceased, occurred in a place known as the Snug Saloon, in Genoa, Douglas County. Several persons were present, besides deceased and defendant. Hardwick was under the influence of liquor. After some conversation with Harkin about twenty dollars which Hard-wick owed Harkin, Hardwick referred to threats that he said Harkin had made against him. Harkin denied making any threats. The two men, together with a third person present, then drank together at Hardwick’s…

1Opinion of the Court

*381By the Court,

Garber, J.:

The appellant was convicted of murder in the second degree, on an indictment accusing him of the crime of murder, committed as follows: “ That said Daniel E. Harkin, of the county of Douglas, State of Nevada, on the ninth day of November, a. d. 1871, or thereabouts, at Genoa, county of Douglas, State of Nevada, without authority of law, feloniously, willfully, and with malice aforethought to kill William Hardwick, did, with his hands and feet, strike, beat and kick the said William Hardwick in and upon the head, neck, breast and body; then and there, by said beating,…

2Cases cited4 opinions

  1. People v. CroninCalifornia Supreme Court · 1867
  2. People v. YbarraCalifornia Supreme Court · 1860
  3. State v. Van WinkleNevada Supreme Court · 1871
  4. People v. BondsNevada Supreme Court · 1865

3Cited by17 opinions

  1. Garner v. StateSupreme Court of Florida · 1891
  2. State v. BuralliNevada Supreme Court · 1903
  3. State v. PhilpotSupreme Court of Iowa · 1896
  4. State v. BrooksMontana Supreme Court · 1920
  5. Carson v. Sheriff, Clark CountyNevada Supreme Court · 1971

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