39 Nev. 40
Decided October 15, 1915
Nevada Supreme Court · decided 1915-10-15
Averill, Judge. William Pappas was convicted of assault with intent to kill. From the judgment and an order denying new trial, he appeals. Testimony as to statements not a part of the res gestee is generally regarded as hearsay, and is carefully excluded except in rare cases.
Relies on State v. Rodriguez · State v. Newton
Good law ✅— No negative treatment on recordhow we know
Reversed and remanded · Decided 1915-10-15
Cited by 6 later decisions — most recently March 1971
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1concurring:
¶2I concur in the order, and so much of the opinion as deals with instruction No. 2, given by the trial court. The impropriety of this instruction has long since been *48established by the decision of this court. (State v. Newton, 4 Nev. 410; State v. Rodriguez, 31 Nev. 342, 102 Pac. 863.) The giving of this instruction was sufficient error to reverse this case.