10 Nev. 163 | Nev. | 1875
By the Court,
Appellant was convicted of murder in the second degree. In the assignment of errors it is claimed that “there is no
The next morning May returned and found Morgan lying in the same position that he had left him. After cooking breakfast in the same room where the body lay, and failing in his efforts to arouse the deceased, he called in a friend, who discovered that Morgan was dead. The coroner was then called, and he found the deceased lying on his back, his feet next the door, about on a line with the doorway. The door opened directly into the room where he was lying. A pistol-ball had been shot through the edge of the door at the opening of the same; the hole made by the ball appeared to be afresh one; it also appeared that a ball going through the door at this point would have been likely to pass through or hit the body of deceased — if standing up and in range — at the place where the wound was made. The physician found a wound made by a pistol-ball, which, in his judgment, was sufficient, and would be likely to produce death. Myatt was arrested the morning after the homicide. On the day of his arrest, he said to the officers
From this brief statement it will readily be seen that there was not only soma evidence tending to show that defendant shot James Morgan, which was proper to be submitted to the jury, but that there was considerable evidence, all pointing directly to the defendant as the guilty party.
Numerous objections are specified in the assignment of errors, to the rulings of the court in excluding evidence find in giving and refusing certain instructions. There being no appearance on the part of the appellant, and no points and authorities being filed on his behalf, we do not feel called upon to notice the several objections thus made.
The statute provides that “judgment of affirmance may be granted without argument, if the appellant fail to appear.” (Stat. 1861, p. 487, Sec. 484.) While we think
The judgment of the district court is affirmed.