Oliver v. State
| Decision Date | 07 January 1969 |
| Docket Number | No. 5574,5574 |
| Parties | Hosie OLIVER, Appellant, v. The STATE of Nevada, Respondent. |
| Court | Nevada Supreme Court |
James D. Santini, Public Defender, George D. Frame, Deputy Public Defender, Las Vegas, for appellant.
Harvey Dickerson, Atty. Gen., Carson City, George E. Franklin, Jr., Dist. Atty., Addeliar D. Guy, Deputy Dist. Atty., Las Vegas, for respondent.
On January 29, 1967, at approximately 2 p.m., two Las Vegas police officers entered a club at 'F' and Jackson Streets in Las Vegas. They testifed that they had in their possession two warrants for the arrest of appellant, Hosie Oliver, for traffic violations and failure to appear. They placed the appellant under arrest and all three left the club and started toward the police car which was parked at the curb near the front door. No attempt was made by the officers to search the appellant. Just outside the door the appellant turned to the right, took several steps along the sidewalk and yelled up the street. As he did so both officers observed him remove his left hand from his pocket and make a throwing motion to his right. Simultaneously, a white object was seen to appear at the right side of appellant, fly into the wall and fall to the sidewalk. Officer Simpson walked directly to the object, picked it up and examined it. He concluded that it was a cigarette containing marijuana and arrested appellant for illegal possession of narcotics.
A jury found the appellant guilty of the charge and this appeal was taken from the judgment entered against him.
As his first assignment of error the appellant contends that the marijuana cigarette was improperly admitted into evidence because the prosecution did not establish with a sufficient degree of certainty that the appellant possessed the cigarette before it was observed in flight by the arresting officers and that it was not properly identified at the time of trial as the same marijuana cigarette. These contentions are wholly without merit. It would be hard to imagine a situation where the degree of certainty of possession and identification could be stronger.
The arresting officers testified in detail about their observations. The white object was immediately retrieved by one of the officers and because it appeared to be a cigarette containing marijuana the appellant was forthwith put under arrest for illegal possession of narcotics. During the subsequent course of investigation the contents of the cigarette was chemically analyzed and found to be marijuana. The chain of custody from the moment the cigarette was retrieved by the officer until it was admitted into evidence by the trial court more...
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In re Discipline of Hall, No. 40728 (NV 7/15/2004)
...of the record in the disciplinary proceedings. 15. Sorce v. State, 88 Nev. 350, 352-53, 497 P.2d 902, 903 (1972) (citing Oliver v. State, 85 Nev. 10, 449 P.2d 252 (1969); Carter v. State, 84 Nev. 592, 446 P.2d 165 (1968); Eisentrager v. State, 79 Nev. 38, 378 P.2d 526 16. 117 Nev. 496, 25 P......
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Merica v. State
...for these were recovered from the sidewalk at a place in plain view. Manning v. State, 87 Nev. ---, 486 P.2d 485 (1971); Oliver v. State, 85 Nev. 10, 449 P.2d 252 (1969); Stamps v. State, 83 Nev. 230, 428 P.2d 187 (1967). Although appellant only objected to admission of the contraband on th......
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Gould v. State
... ... of his arrest. See Sorce v. State, 88 Nev. 350, ... 352-53, 497 P.2d 902, 903 (1972) (providing that foundation ... need only show that it is "reasonably certain that no ... tampering or substitution took place" (citing Oliver ... v. State, 85 Nev. 10, 449 P.2d 252 (1969))). Although ... "cellular telephones are not always exclusively used by ... the person to whom the number is assigned," ... Commonwealth v. Koch, 39 A.3d 996, 1005 (Pa. Super ... Ct. 2011), here other evidence indicates ... ...
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Hughes v. State
...of search.' People v. Lawson, 1 Cal.App.3d 729, 81 Cal.Rptr. 883, 884 (1969). See also United States v. Lee, supra; Oliver v. State, 85 Nev. 10, 449 P.2d 252 (1969); Wallace v. State, 84 Nev. 532, 445 P.2d 29 (1968). In Hughes's case the plastic bag containing the marijuana was subject to i......