Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-02-18

County, are used in the title. pre-
amble and endorsement of an indict-
ment, and in TIE charging part the de-
ferdont is accused by the grand jury
OF the County Of LYON" and the Of
Tense ic nlle~ed to have been commit
ted at the town Ct Na,tfn IL the
County Of Lyon he!d sufficient.
A defective description CT the grand
Jury in the body of the Indictment
nav 10 cured = % ~ . -, ru~1-.,-
BILE. Courts will ta!yc rlicia' knew
ledge of the fact ttct town fvod b
statute as a cOuntv seat. is located in
the county If such an indictment
wero deficient ct Common Law i
would be good under the wise and lib
era provisions Of cur Criminal Prac
tice Act
2-Excusing Juror-couotsui QuaIifi-
cation.
r TIE trial court IS in doubt as to
the qualification Of Juror it Is not err
ror to excuse hin. and il IS beftnr ~
do 50 to the end that fair and free
jurv may be obtained. ard the risk
trouble and EXPENSE Cf . new trial
avoided
3-h!'owance Of Observation-Disclosures
if Answer net shown.
II conceded that q oucstinoW was i'm
prCnnr 70 which an OBJ ;ection was over
ruled the error is presumed to be
harr1leSs, unless the answer by ply
steal illustration is shown by the rec
ord to hove haen detrimental to the
party making the objection.
4-Opi1ion Of Surseon-Position Of
Parties.
A surgeon who has held an autopsy
may give his opinion regarding the
course of the bullet. and incidentally
as to the relative position of the par
ties at hte time the fatal shot was
fred.
5@lnstructions. Repetition. As
Stunning facts. Argumentativeness.-
Particular facts.
(a) May be refused when the le-
gal propositions tey contain are sub
stantially embodied in the charge gi-
ven by the court.
(b) Must not assume facts not ad
nitted.
(c) Should not be argum ent ative.
(d) The court having charged the
jury to carefully consider all the facts
circumstance: md evidence, the refu
sal of instr ions singing out, and
laying stres 'Don particular points
in the testirlc~y was not error.
6-Neic'3t Of Evidence.
The jury III JUICES of the ties
timony and : Ec.-tct will not be
disturbed II o~a &c any substantial
evidence t. pert it.
=. aus by Talbot, j.
Appeal frol, First Judicial Distric
Court, Lyon county, Z. E. Mack, Dis
trict Judge. Adamo Buralli was con
victed Of murder in the first degree
ar" appeals. Affirmed, Maj. F. M
Huffaker, for Appellant. Atty Gen
Sweeney Dist. Atty. Lathrop, and Gen
Torreyson, for the State.
Talbot. j.
The defendant was tried, convicte'
of murder in the first degree and sen
fenced to be hanged under the follow
ing Indictment:
in the District Court of the Firs
Judicial District of the State of Ne>
ada, Lyon County.
United States of America
State of Nevada. County of Lyon.
The State of Nevada, Plaintiff,
Against
Adamo Buralli. Defendant.
At term of the District Court bel
at the Court House, in the town {
Dayton, Lyon County, State of Me-
ada, on the thirteenth day of Neven
Der, A. D., one thousand nine hundre
and two, and continuing in session {
the time of finding this Indictment.
Present, the Honorable C.. F. Mac
District Judge.
Adamo Buralli is accused by tt
Grand Jury of the County of Lyo
State Of Nevada, by this indictmen
of the crime of murder committed {
follows, tO-wit:
4
about the third daw OF November,
D., one thousand nine hundred ar
two, and before the finding Of tn
Indictment, at the town of Dayto
in the County of Lyon, State of Ne
ada, without authority of law, al
with malice aforethought, he, the sa
Adam Buralli, being then and the
armed with a deadly weapon, to-wi
pistol loaded with powder and lead,
bullets, did then and there. witho
authority of law. and with mali
aforethought kill one Angelo Zari,
human being. by shooting him t
said Angelo Zari, with said pistol, &C
trary to the form. force and effect
the statute in such case made a
provided, and against the peace a
dignity Of the people of the State
Nevada.
JOHN LOTHROP,
District Attorney in and for Ly
County, State Of Nevada"
Endorsed:
I'm the District Court Of the FIJI
Judicial District of the State of NJ
ada, Lyon County. The State of NJ
ada, Plaintiff, Against Alamo Bura
Defendant.
Indictment for murder. A true b
G. B. Waldo. Foreman of the Ora
Jury. John Lothrop, District Att
ney, Lyon County, Nevada. Present
by the Foreman of the Grand Jury,
its presence, in open court, and Il
therein this IS tn day of November,
D., 1902. D. w. Melarkey, Clerk
said Court"
Upon the arraignment the accus
demurred and moved to set aside
Indictment on the ground that II !
NJ ho mr. OffQn0o WI