State v. Varga

• Decision Date: 29 April 1949
• Docket Number: 3548.
• Citation: 205 P.2d 803,66 Nev. 102
• Parties: STATE v. VARGA.
• Court: Nevada Supreme Court

205 P.2d 803

66 Nev. 102

STATE v. VARGA.

No. 3548.

Supreme Court of Nevada

April 29, 1949

Appeal from Fourth Judicial District Court, Elko County; Taylor H Wines, Judge.

Laszlo Varga was convicted of murder in the first degree and from such conviction and sentence of death and from an order denying motion for arrest of judgment and an order denying motion for new trial, he appeals.

Affirmed with directions.

George F. Wright, of Elko, for appellant.

Alan Bible, Atty. Gen., Geo. P. Annand and Homer Mooney, Deputy Attys. Gen. and Alexander Puccinelli, Dist. Atty., of Elko for respondent.

BROWN, District Judge.

The appeal in this case is from a judgment and sentence of the District Court based upon a verdict rendered by a jury finding the defendant Laszlo Varga guilty of murder in the first degree, and fixing the penalty at death, and from an order denying a motion for an arrest of judgment, and an order denying a motion for a new trial, made by the District Court. The defendant is the appellant, and the plaintiff is the respondent in this Court. The parties will be referred to herein as plaintiff and defendant, as in the lower Court.

The errors relied upon by the defendant in his appeal are as follows:

1. The verdict is not supported by the evidence.

2. The defendant has been convicted through perjury and fraud, thus taking life without due process of law.

3. The District Attorney, in his closing argument to the jury committed misconduct by bringing in fraudulent and false evidence.

4. The defendant was denied a fair and impartial trial by reason of a prejudiced jury and unqualified jurors, thus violating the Constitution of the United States and of the State of Nevada.

5. Misconduct at the trial by injection of another crime.

6. Error in admitting the defendant's confession and alleged statement to another jail inmate.

7. The Court erred in admission of improper evidence over objection.

8. Errors of instruction.

9. Failure to submit to the jury the issue of voluntary or involuntary manslaughter.

10. The motion in arrest of judgment should have been granted.

11. The motion for new trial should have been granted.

12. The state did not establish the venue of the crime.

A careful study of the transcript filed in this appeal discloses the following facts which have been summarized therefrom:

On the evening of March 21st, 1948, between the hours of 7:30 and 8:00 o'clock P.M., the defendant entered the Eagle Service Station, in the City of Elko, State of Nevada, which is situated on the west end of Elko, and asked one Vern Ishmael, who is the Constable of Elko Township, whether or not there was a Lutheran Councilor in Elko. The defendant was advised that there was none, and that the nearest one available would probably be in Salt Lake City. He was then directed to the bus depot, and the defendant left the service station.

That same night, sometime between 9:00 and 10:00 o'clock P.M the defendant went to the Commercial Hotel, in Elko, Nevada, and registered, under the name of Laszlo Varga. Previously, the defendant had been directed to the Commercial Hotel by one Father Brockman, the Episcopal minister, who had called the hotel and consented that the charge for the room be placed on the account of the Episcopal Church.

The next day, March 22nd, 1948, the defendant left the Commercial Hotel about 12:00 o'clock noon, and went to the east end of town on Highway 40, where he started hitch-hiking. He was picked up by Mr. Aubrey Roberts, who lives at the Tower Service Station, about fifteen miles east of Elko, on Highway 40. While they were traveling together from Elko to the Tower Service Station, the defendant volunteered the information that he had been hitch-hiking for thirty-one days, having started in New York and traveled to California and back. When they arrived at the Tower Service Station, the defendant walked east on Highway 40 about two hundred or three hundred yards to a point commonly known in Elko as the North Fork Bridge. He had been there for a short time when Henry Gravil, an employee of Bing Crosby, came along in a pickup truck, traveling east on Highway 40, destined for Twin Falls, Idaho. Mr. Gravil picked up the defendant at the North Fork Bridge and continued east on Highway 40. While they were riding, the defendant inquired if there was a minister in Wells, Nevada, and Mr. Gravil answered that he did not know. Upon arriving at Wells, Nevada, Mr. Gravil advised the defendant that he was going to eat, and the defendant stated that he could not eat because he 'didn't have any money', whereupon Mr. Gravil volunteered to buy the lunch for the defendant, and they went to the Trial 40 Cafe in Wells, Nevada. After they had finished their lunch, Mr. Gravil continued on his way towards Twin Falls, and the defendant was seen walking from the Trial 40 Cafe towards Highway 40.

Shortly thereafter and on the same day, the defendant, Laszlo Varga, entered the Supp Motor Company, which is located at the extreme east end of Wells, Nevada, on Highway 40, and in a conversation with one Howard Prince, an employee of this company, the defendant asked about a 'Council of Churches', stating to Mr. Prince that he had come from New York City and was working his way with the aid and assistance of 'these Councils.' Mr. Prince told the defendant that he knew nothing about the Council of Churches, but that he did know the Mornings, who were interested in all church work, and that they could probably inform the defendant. Mr. Prince then proceeded to give specific instructions to the defendant as to how he could go to the Morning residence from the Supp Motor Company. In giving the defendant these instructions, he specifically told the defendant that when he reached the block where the Morning residence was located, the Morning home would be the third house after the apartment house on the corner. The defendant then left the Supp Motor Company.

Between 2:30 and 3:00 o'clock P.M., on the afternoon of March 22nd, 1948, the defendant entered the yard of one Pauline Weeks, who resided immediately next door to Mr. and Mrs. Morning, her house being the third house in the block if you counted the apartment house as number one. Upon entering the yard the defendant asked where the Presbyterian Minister lived, and Mrs. Weeks advised him that the minister lived next door, whereupon the defendant left the Weeks' yard and proceeded to the Morning residence.

The record shows that Mr. Morning was seen alive at about 2:00 o'clock P.M., that afternoon, by an employee of the Standard Oil Company, who was delivering stove oil at the Morning residence.

At about 4:50 o'clock P.M., on the same day, the defendant was again seen at the Supp Motor Company, where he cashed a check made payable to himself, and signed by Mrs. Morning, and endorsed 'Laszlo Varga'. At about 5:00 o'clock P.M., on the same day, the defendant was seen at the Trail 40 Cafe in Wells, Nevada, where he contacted the proprietor, Ola Dalmonego, and advised her that he had no money, but desired to cash a check, whereupon he exhibited a check to her, made payable to Laszlo Varga, and signed 'Billie Rhae Morning'. When the defendant was told that she did not cash a personal check, the defendant stated, 'A minister's check is always good,' and he further advised that the minister had a telephone. Mrs. Dalmonego checked the telephone directory, but found no listing for the Mornings, whereupon she again refused to cash the check, and the defendant left the cafe.

About fifteen minutes later the defendant returned to the Trail 40 Cafe and this time he engaged one Dottie Supp in conversation, and advised her that he could not get the check cashed, and that he had numerous pennies in his pocket, but nobody wanted them, and inquired as to bus schedules, and advised the said Dottie Supp that he was going to return to Elko to get work. Miss Supp suggested that he go to the Post Office, believing that they might take the pennies in exchange for coins of larger denominations.

Sometime between 5:15 and 5:30 o'clock P.M., on March 22nd, 1948, the defendant entered the Post Office in Wells, Nevada, and attempted to cash the check. When he was advised that they did not cash personal checks, the defendant said, 'This isn't exactly a personal check, it is a minister's check.' There was some additional conversation between the defendant and the Postmaster, and during the course of this conversation the defendant said: 'This check isn't any good, I go up and demand she give me money for it.' Thereafter, at approximately 5:20 o'clock P.M., the defendant entered the Southern Pacific ticket office in Wells, Nevada. He wanted to purchase a ticket to Elko, but was advised that the next train was scheduled to arrive at 11:45 o'clock A.M., the next day, on March 23rd, 1948, whereupon the defendant tried to cash the check, and was again advised by the agent, William Toombs, that he could not cash personal checks. The defendant then left the railroad station, and was last seen walking toward Highway 40 in Wells, Nevada.

Mr Wylie James Emerson, an employee of Insured Driver Way Service of Salt Lake City, Utah, who was driving a United States Government fire truck to Sacramento, California, saw the defendant thumbing a ride at the west end of Wells, Nevada, while he was driving west on Highway 40. Mr. Emerson picked up the defendant, and together they proceeded to drive in the direction of Elko, Nevada. While they were traveling between Wells and Elko, the defendant volunteered the information that he was hitch-hiking from New York, and that he had been on the road nineteen days, and was going to San Francisco, California. Mr. Emerson stated that they passed through Elko...