Hendee v. State, 8844

Decision Date21 December 1976
Docket NumberNo. 8844,8844
Citation557 P.2d 275,92 Nev. 669
PartiesKarl Lamont HENDEE et al., Appellants, v. STATE of Nevada, Respondent.
CourtNevada Supreme Court
OPINION

PER CURIAM:

On the evening of August 9, 1975, Mr. and Mrs. Stone returned to their Reno apartment with their guests, Mr. and Mrs. Pogue. Upon entering, the Pogues and Mrs. Stone encountered appellants, armed with a sawed-off M--1 carbine and a pistol. Mr. Stone, who had not yet entered, observed appellants from outside and ran to a neighboring apartment to summon police. Mrs. Stone and the Pogues were ordered to lie on the floor while appellants proceeded to rob them. Shortly thereafter, the police arrived and arrested appellants. Personalty belonging to the victims was found on the persons of the appellants, as were the weapons described above.

At trial, the district court allowed a Reno police officer to testify that the pistol used in perpetration of the crimes was reported stolen in January, 1974. Appellants contend we are compelled to reverse because the district court erred in admitting this irrelevant, prejudicial, and hearsay testimony. We do not agree. Even if we assume it was error for the district court to allow the disputed testimony, we believe the overwhelming evidence of guilt renders such error harmless. NRS 177.255; 178.598; cf. Johnson v. State, 92 Nev. 405, 551 P.2d 241 (1976); Jacobs v. State, 91 Nev. 155, 532 P.2d 1034 (1975); Grimaldi v. State, 90 Nev. 83, 518 P.2d 615 (1974).

Affirmed.

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13 cases
  • Deutscher v. State, 10434
    • United States
    • Nevada Supreme Court
    • 18 de outubro de 1979
    ...evidence not harmful where other evidence already established fact), and overwhelming evidence of his guilt. Hendee v. State, 92 Nev. 669, 670, 557 P.2d 275, 276 (1976) (per curiam); Drummond v. State, 86 Nev. 4, 8-9, 462 P.2d 1012, 1015 (1970). 7. The Inquiry into the Detective's Residence......
  • Crockett v. State
    • United States
    • Nevada Supreme Court
    • 13 de dezembro de 1979
    ...when there exists overwhelming evidence of guilt, we will, within due process limitations, view the error as harmless. Hendee v. State, 92 Nev. 669, 557 P.2d 275 (1976) (evidence that pistol used in commission of crime was stolen, while error, considered harmless because evidence of guilt o......
  • Farmer v. State
    • United States
    • Nevada Supreme Court
    • 12 de dezembro de 1979
    ...harmless beyond a reasonable doubt. Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967); Hendee v. State, 92 Nev. 669, 670, 557 P.2d 275, 276 (1976). 4. Witness Lastly, appellant specifies as error the alleged deprivation of a fair trial by the use of a prosecution w......
  • Robins v. State
    • United States
    • Nevada Supreme Court
    • 19 de setembro de 1990
    ...evidence of guilt," such an error is harmless. Pasgove v. State, 98 Nev. 434, 436, 651 P.2d 100, 101-2 (1982); Hendee v. State, 92 Nev. 669, 670, 557 P.2d 275, 276 (1976). The evidence produced by the State against Robins in the instant case was indeed overwhelming. Additionally, we have In......
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