Stewart v. State

OPINION

On appeal from his conviction for first-degree murder appellant James Rudy Stewart claims that an incriminating statement he gave to a doctor in the presence of two police officers should not have been used in evidence because he was too intoxicated to realize the import of what he was saying.

The evidence against Stewart for the killing of Hoyt Scott is abundant. During the course of two employee Christmas parties sponsored by the management of two Reno restaurants, Stewart invited Scott to walk outside with him and they departed. Hoyt was manager of the restaurant where Stewart’s wife…