State v. Summers

Decided July 15, 1874

Nevada Supreme Court · decided 1874-07-15

The defendant was indicted for the murder of Erank Eeen, committed by shooting with a Derringer pistol at Douglas County on May 6, 1874. He was convicted of murder in the first degree on May 27. On May 30 judgment was entered and defendant sentenced to be hanged on July 31, 1874. He appealed from the judgment. I. The court below exceeded its jurisdiction in fixing a longer period than sixty days for execution of judgment. Oomp.

Cited by 4 later decisions — most recently April 1948

4 state decisions

Relies on People v. Bonilla

Good law ✅— No negative treatment on recordhow we know

Decided 1874-07-15

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¶1By the Court,

Whitman, C. J.:

¶2The only point in this appeal is that the judgment is void, because therein a date is fixed for the execution of a sentence of death, more than sixty days from the time of judgment, contrary to the criminal statute. It is needless to inquire what effect, if any, such a mistake would have upon a judgment which might properly include such an order; as by the statute of the State of Nevada it is the warrant and not the judgment which fixes the time for executing sentence of death. Stats. 1861, 484, Sec. 454. People v. Bonilla, 38 Cal. 699. So it follows that the language objected to in the judgment was mere surplusage, which may and should be disregarded, and that the court may at any time issue its warrant in due form of law. Stats. 1861, 485, Secs. 466-467. People v. Bonilla, 38 Cal. 699.

¶3Let the judgment be modified by striking therefrom all matter relating to the time of execution; and let a remittitur issue immediately.