State v. Gee Jon
| Citation | 217 P. 587,46 Nev. 418 |
| Decision Date | 20 August 1923 |
| Docket Number | 2547. |
| Parties | STATE v. GEE JON ET AL. |
| Court | Supreme Court of Nevada |
Appeal from District Court, Mineral County; J. Emmet Walsh, Judge.
On petition for rehearing. Petition denied. For former opinion, see 211 P. 676.
Frame & Raffetto, of Reno, for appellants.
M. A. Diskin, Atty. Gen., and Thos. E. Powell, Deputy Atty. Gen., for the State.
Counsel for appellants have presented a second petition for a rehearing wherein they urge a point not before suggested. This court has on several occasions held that a second petition for a rehearing would not be entertained when urged by the same party. Brandon v. West, 29 Nev. 135, 85 P. 449, 88 P. 140; Ward v. Pittsburg, Silver P. G. Min. Co., 39 Nev. 80-103, 148 P. 345, 153 P. 434, 154 P. 74.
The practice pertaining to petitions for rehearing is governed by rule 15 (154 Pac. x), which applies to criminal and civil cases alike, and the holding that a second petition for a rehearing will not be entertained in civil cases controls in criminal cases as well. State v. Hazzard, 76 Wash. 586, 137 P. 143; Ross v. State, 16 Wyo. 285, 93 P. 299, 94 P. 217; People v. Northey, 77 Cal. 618, 19 P. 865, 20 P. 129.
The petition must be denied for the further reason that the point now urged was not called to our attention when the case was originally submitted. Nelson v. Smith, 42 Nev. 302-319, 176 P. 261, 178 P. 625. Petition is hereby denied.
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