Wallace v. State

Decision Date02 March 1961
Docket NumberNo. 4289,4289
Citation359 P.2d 749,77 Nev. 123
PartiesAllen Calvin WALLACE, Appellant, v. STATE of Nevada, Respondent.
CourtNevada Supreme Court

Murray Posin, Las Vegas, for appellant.

Roger D. Foley, Atty. Gen., John F. Mendoza, Dist. Atty., Charles L. Garner, Deputy Dist. Atty., Las Vegas, for respondent.

McNAMEE, Justice.

Appellant was charged in an information with the offense of feloniously possession and having under his control on May 20, 1958 narcotic drugs, to wit, cannabis (marijuana). A jury found him guilty as charged and the court rendered its judgment sentencing him to imprisonment for a term of not less than two years not more than five years, and, in addition, he was ordered to pay a fine of $2,000.

Appeal is from such judgment.

The sole error specified is that the lower court permitted testimony relative to a prior arrest of the appellant which was unrelated to the commission of the act charged in the information.

After the prosecution had rested, appellant took the stand on his own behalf and testified that neither on May 20, 1958 nor at any other time did he have any marijuana in his possession or under his control. He was asked by his counsel about the Golf Manor Apartments and he stated that he had lived there for a period of time and that he had never knowingly had any possession of marijuana. On cross-examination he stated that he had never seen marijuana. Thereafter, the prosecution called Detective Smith of the sheriff's office who testified that on May 27, 1957 he had conducted a search of appellant's apartment in the Golf Manor Apartments. When asked what he found there, Smith stated: 'We found two white paper hand-rolled cigarettes which were later established to be marijuana.'

Appellant's counsel immediately moved for a mistrial and for a withdrawal of the jury. The motion for mistrial was denied and the prosecution was ordered to proceed with the examination of Smith who then testified that he placed appellant under arrest for possession of narcotics and that subsequently the case was dismissed. During his cross-examination by appellant's counsel relating to the May 27, 1957 arrest, Smith testified that he had had appellant's apartment under surveillance; that after he saw appellant go into the apartment he, himself, went to the apartment; that when appellant answered the door, he entered the apartment, searched it, and found a green, leafy material in a paper towel roll which later was identified as marijuana.

Aside from the said motion for mistrial no further objection was made to the aforesaid testimony.

It is a general rule that on a trial of a person accused of a crime proof of a distinct, independent offense is inadmissible. The rule is subject to certain exceptions, one of which is that evidence of other crimes is competent to prove the specific crime charged when it tends to establish intent. Nester v. State of Nevada, 75 Nev. 41, 334 P.2d 524.

Under a statute making it unlawful for any person to possess a narcotic drug except as...

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17 cases
  • Hill v. State
    • United States
    • Nevada Supreme Court
    • May 9, 1979
    ...112 P. 42 (1910); State v. McMahon, 17 Nev. 365, 30 P. 1000 (1883); State v. Elges, 69 Nev. 330, 251 P.2d 590 (1952); Wallace v. State, 77 Nev. 123, 359 P.2d 749 (1961); Wyatt v. State, 77 Nev. 490, 367 P.2d 104 (1961); Fernandez v. State, 81 Nev. 276, 402 P.2d 38 (1965); Richardson v. Stat......
  • One 1970 Chevrolet Motor Vehicle, Identification No. 13670L125718 Bearing Nevada License No. CL 4947 v. Nye County
    • United States
    • Nevada Supreme Court
    • January 17, 1974
    ... ... ONE 1970 CHEVROLET MOTOR VEHICLE, IDENTIFICATION NO ... 13670L125718 BEARING NEVADA LICENSE NO. CL 4947, Appellant, ... The COUNTY OF NYE, State of Nevada, Respondent ... Supreme Court of Nevada ... Jan. 17, 1974 ...         Goodman & Snyder and Douglas G. Crosby, Las Vegas, for ... 242, 415 P.2d 323 (1966)) and knowledge that it is of a narcotic character (Overton v. State, 78 Nev. 198, 370 P.2d 677 (1962), citing Wallace v. State, 77 Nev. 123, 359 P.2d 749 (1961)). These elements may be shown by direct evidence or by circumstantial evidence and reasonably drawn ... ...
  • Findley v. State
    • United States
    • Nevada Supreme Court
    • April 24, 1978
    ...Amendment right, namely, an accused's right to remain silent. We were not requested to decide that issue today. In Wallace v. State, 77 Nev. 123, 359 P.2d 749 (1961), a narcotics case, this Court held admissible evidence of a separate offense, offered in rebuttal, to contradict the testimon......
  • Brown v. State
    • United States
    • Nevada Supreme Court
    • July 22, 1965
    ...State v. Elges, 69 Nev. 330, 251 P.2d 590 (intent); Nester v. State, 75 Nev. 41, 334 P.2d 524 (identity); Wallace v. State, 77 Nev. 123, 359 P.2d 749 (intent); Wyatt v. State, 77 Nev. 490, 367 P.2d 104 (intent); Fernandez v. State, 81 Nev. ----, 402 P.2d 38 (intent). See also State v. Hall,......
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