State v. Clark
Nevada Supreme Court
Appeal from Sixth Judicial District Court, Humboldt County; W. H. A. Pike, Judge, presiding. Bernard Clark was convicted of murder in the second degree, and he appeals. The facts sufficiently appear in the opinion. The court committed reversible error in proceeding with the trial during appellant’s absence. (Cutting’s Comp. Laws, 4221; Humphreys.
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Appeal from Sixth Judicial District Court, Humboldt County; W. H. A. Pike, Judge, presiding. Bernard Clark was convicted of murder in the second degree, and he appeals. The facts sufficiently appear in the opinion. The court committed reversible error in proceeding with the trial during appellant’s absence. (Cutting’s Comp. Laws, 4221; Humphreys. State, 106 Pac. 978; Day v. Territory, 37 Pac. 806; LeRoy v. Territory, 41 Pac. 612; Lewis v. U. S., 146 U. S. 370; Dunn v. Commonwealth, 6 Pa. 384;' Ball v. U. S., 140 U. S. 118; Emery v. State, 136 Am. St. Rep. 988; Humphrey v. State, 139 Am. St.…
1Opinion of the Court
By the Court,
Talbot, C. J.:
This is an appeal from a conviction of murder in the second degree, and from an order denying a motion for a new trial. The alleged errors relied on are that upon the trial some testimony was taken during the absence of the defendant, and that -oral ■ instructions were given and improper remarks made by the court to the jury.
1. Prior to and during the trial the defendant was in the custody-of the sheriff, and in jail when the- court was not in session.- Upon the convening of court after a noon recess, and before the arrival of the sheriff with the defendant, whose…
2Cases cited22 opinions
- Alexander v. United StatesSupreme Court of the United States · 1891
- Stoddard v. ChambersSupreme Court of the United States · 1844
- State v. GrateSupreme Court of Missouri · 1878
- People of the State of New York v. . BragleNew York Court of Appeals · 1882
- State v. JonesNevada Supreme Court · 1872
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3Cited by11 opinions
- Miles v. StateIndiana Supreme Court · 1944
- Harvey v. StateNevada Supreme Court · 1962
- State v. ClarkeNevada Supreme Court · 1924
- State v. CookCourt of Appeals of Arizona · 1977
- Hanley v. StateNevada Supreme Court · 1967
6 more not listed; retrieve them via the Exa API.