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6 Nev. 175

State v. Stewart

Nevada Supreme Court

Decided October 15, 1870

Nevada Supreme Court · decided 1870-10-15

Defendant, together with A. Strauss, P. Duffy and others, was indicted for grand larceny for alleged stealing of certain cattle, the property of W. C. Reeves and R. W. Burmington. On a separate trial and conviction, defendant was sentenced to imprisonment in the State prison for the term of five years.

Decided 1870-10-15

¶1By the Court,

WHITMAN, J.:

¶2In this case, wherein the appellant was convicted of the crime of grand larceny, there was no evidence proving, or tending to prove his guilt, as principal or accessory before the fact; hence he was illegally convicted.

¶3The motion made for a new trial should have been granted, and was erroneously refused. That order and the judgment are reversed and the cause remanded. ' • ■

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