State v. Beyers
| Decision Date | 02 October 1937 |
| Docket Number | 3184. |
| Citation | 71 P.2d 1044,58 Nev. 125 |
| Parties | STATE v. BEYERS. |
| Court | Nevada Supreme Court |
Appeal from Second Judicial District Court, Washoe County; Thomas F Moran, Judge.
Louise Beyers was convicted of involuntary manslaughter, and she appeals.
Affirmed.
J. M Frame, Geo. E. McKernon, and Harry G. Pray, all of Reno, for appellant.
Gray Mashburn, Atty. Gen., W. T. Mathews and W. Howard Gray Deputy Attys. Gen., and Ernest S. Brown, Dist. Atty., and Nash P. Morgan, Asst. Dist. Atty., both of Reno, for the State.
Louise Beyers, an Indian girl, was convicted of involuntary manslaughter, and, after the denial of a motion for a new trial, was sentenced to serve a term in prison.
It is contended by the State that the defendant, while driving an automobile in a westerly direction on Highway No. 40, from Wadsworth in the direction of Reno, ran down and killed one Emilio Cadlini.
The evidence shows that on the afternoon of August 2, 1936, the appellant, with another Indian girl and two Indian men visited the rodeo at Wadsworth and were drinking whisky and beer all of the afternoon and into the night, and that the defendant was considerably intoxicated. The evidence also shows that the deceased was in Wadsworth that afternoon and night, and left for his home, about two miles west of Wadsworth, on foot, a little before 11 o' clock; that the defendant was driving a Chevrolet coupé that afternoon and night; that she left Wadsworth about 11:15, driving in a westerly direction. It further appears that that evening, while in Wadsworth, the lenses to both the headlight of her car were in perfect condition; and that the left fender was in good condition. The evidence shows that the next morning defendant's car was found in Fernley, about three miles east of Wadsworth, with the lens of the left headlight broken out, and that the fender was badly damaged and the lamp knocked back. The body of deceased was found about seventy-five feet west of where his hat was lying on the shoulder of the south side of the paved highway. The condition of the body indicated that it had been dragged some distance. Glass from a Chevrolet car was found scattered from a point where the hat was found, for many feet. The hat, body, and glass were found about an hour after the defendant drove westerly from Wadsworth.
During the trial the justice of the peace who conducted the preliminary hearing testified over defendant's objection to a certain alleged conversation between him and defendant. It is strenuously insisted that the court committed prejudicial error in its ruling. The witness testified that at the preliminary hearing he had a "conversation" with the defendant in the presence of the district attorney, John Beyers, the court reporter and others, in which she stated relative to her condition on the evening of August 2, 1936:
Counsel for the defendant objected on the grounds that it was not the best evidence; that the law requires the evidence to be taken down, transcribed, and signed by the witnesses; that it was the duty of the justice to advise defendant of her rights; and that it was improper for the justice to conduct an independent examination.
Section 10775, N.C.L., ( Laws 1933, c. 101), provides that the magistrate conducting a preliminary examination may employ a stenographer to take down and transcribe the testimony and proceedings of a preliminary hearing, and that such testimony so transcribed and signed by the witness may be used by either party on the trial of the case when the witness is sick, out of the State, dead, or cannot be present. It is optional with the magistrate as to whether a stenographer shall be employed.
In this connection we think it proper to state that section 10776, N.C.L., provides that when the examination of the witnesses on the part of the State is closed, that the magistrate must inform the defendant that it is his right to make a statement in relation to the charge against him. Section 10778 provides the procedure to be followed in case the defendant chooses to make a statement. The two succeeding sections pertain to the correction and authentication of such statement. Section 10781 provides that if the defendant waives making a statement he may be sworn and examined as a witness and cross examined.
At the time the court ruled on the objection there was nothing before it to show...
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State v. Lewis
... ... directly in point but all of which are analogous, the ... instruction made it incumbent on the state to establish ... criminal negligence on the part of the defendant, as ... apparently required, where no intent is involved, by section ... 9955, N.C.L. 1929. State v. Beyers, 58 Nev. 125, 71 ... P.2d 1044, 1046; State v. Goetz, 83 Conn. 437, 76 A ... 1000, 30 L.R.A., N.S., 458, 462; Cooper v. State, 61 ... Okl. Cr. 318, 67 P.2d 981, 987; People v. Driggs, ... 111 Cal.App. 42, 295 P. 51, 53; People v. Hurley, 13 ... Cal.App.2d 208, 56 P.2d 978, 981-983; ... ...
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State v. Fitch
... ... of law and accordingly it is well settled that this Court ... will not disturb a verdict although there may be a conflict ... such as occurs here, if there is substantial evidence to ... support the same. State v. Robison, 54 Nev. 56, 6 ... P.2d 433; State v. Beyers, 58 Nev. 125, 71 P.2d ... 1044; State v. Boyle, 49 Nev. 386, 248 P. 48; ... State v. Millain, 3 Nev. 409; State v ... Mills, 12 Nev. 403 ... To ... carry the burden on such an assignment the appellant must ... meet his proposition and show that there is not ... ...
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Singleton v. Sheriff, Clark County, 6222
...those circumstances he waived any right he might have had to complain. No prejudicial error appears in the record. Cf. State v. Beyers, 58 Nev. 125, 71 P.2d 1044 (1937). Having heard the evidence, which had not been controverted, the justice of the peace was compelled under NRS 171.206 4 to......