Reports of Decisions of the Supreme Court of the State of Nevada, Volume 11A.L. Bancroft, 1877 - Law reports, digests, etc |
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Page 20
... ment in the court below , and the defendant , on his appeal to this court , for the first time makes the point that it is fatally defective on its face because , first , it does not show in what year the offense was committed ; and ...
... ment in the court below , and the defendant , on his appeal to this court , for the first time makes the point that it is fatally defective on its face because , first , it does not show in what year the offense was committed ; and ...
Page 35
... ment of the statute , that there was no sense in retaining it as a constituent of the crime . It had been decided that the lifting of a latch , the lowering of a window - sash or the gently pressing open of an unfastened door , was a ...
... ment of the statute , that there was no sense in retaining it as a constituent of the crime . It had been decided that the lifting of a latch , the lowering of a window - sash or the gently pressing open of an unfastened door , was a ...
Page 36
... ment , although it might be established by the most indubit- able proof that he did enter , and notwithstanding he is , in the eye of the law , equally guilty , and subject to the same penalty in either case . This result is a little ...
... ment , although it might be established by the most indubit- able proof that he did enter , and notwithstanding he is , in the eye of the law , equally guilty , and subject to the same penalty in either case . This result is a little ...
Page 41
... the contrary , the very object of its enact- ment was to point out the modus operandi by which that right should be secured to him . Opinion of the Court -- Hawley , C. J. Trial Jan. 1876. ] STATE OF NEVADA v . MCCLEAR . 41.
... the contrary , the very object of its enact- ment was to point out the modus operandi by which that right should be secured to him . Opinion of the Court -- Hawley , C. J. Trial Jan. 1876. ] STATE OF NEVADA v . MCCLEAR . 41.
Page 49
... ment ; and however much we may doubt their judgment , we here accept it as final , and consider that the act deserves , as it has received , the careful attention and deliberation of this court . After the most thorough examination we ...
... ment ; and however much we may doubt their judgment , we here accept it as final , and consider that the act deserves , as it has received , the careful attention and deliberation of this court . After the most thorough examination we ...
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Common terms and phrases
9 Nev action affidavit alleged answer Argument for Appellant Argument for Respondent assault authority BEATTY bill of exceptions cause Central Pacific Railroad challenge charged cited claim committed common law Comp constitution convicted corporation counsel court erred court of equity Court-Beatty Court-Hawley crime criminal practice act damages decided decision declaration defendant defendant's discharge district court district judge duty entitled error Eureka County evidence facts favor filed grand jury ground guilty habeas corpus held homestead homestead act IDEM impartial indictment instruction intent judgment jurisdiction juror land legislature lien Lincoln county Lucerne ment motion murder Nevada objection offense Opinion overruling party peremptory challenges person petitioner plaintiff possession prisoner proceedings proof provisions question record refused right of trial rule statement statute Storey county sufficient sustained term testimony tion trial by jury verdict Washoe County witness writ
Popular passages
Page 243 - A judgment is the final determination of the rights of the parties in the action or proceeding, and may be entered in term or vacation.
Page 52 - The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
Page 286 - ... he will pay the value of the use and occupation of the property, from the time of the appeal until the delivery of possession thereof, pursuant to the judgment or order, not exceeding a sum to be fixed by the judge of the court by which the judgment was rendered or order made, and which shall be specified in the undertaking.
Page 342 - It is not mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 34 - In all other cases the defendant may be found guilty of any offense, the commission of which is necessarily included in that with which he is charged in the indictment.
Page 343 - By satisfactory evidence, which is sometimes called sufficient evidence, is intended that amount of proof which ordinarily satisfies an unprejudiced mind beyond reasonable doubt. The circumstances which will amount to this degree of proof can never be previously defined; the only legal test of which they are susceptible is their sufficiency to satisfy the mind and conscience of a common man; and so to convince him, that he would venture to act upon that conviction, in matters of the highest concern...
Page 363 - Greenleaf (volume 2, § 253), that "damages are given as a compensation or satisfaction to the plaintiff for an injury actually received by him from the defendant. They should be precisely commensurate with the injury, neither more nor less; and this whether it be to his person or estate" — although it is stoutly maintained by so eminent an anthor as Mr.
Page 142 - In all the cases enumerated in the preceding section, and in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the State.
Page 232 - A statement of the facts constituting the cause of action, in ordinary and concise language...
Page 135 - The powers of the Government of the State of California shall be divided into three separate departments — the legislative, executive, and judicial ; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted.