Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-01-24
IN THE SUPREME COURT OF THE
STATE OF JEVRnA.

IN THE SUPREME COURT OF THE
STATE OF .EVNCA.
Appealed From che Fourth Judicial
District Court, Elko County, Me-
vada.
The State. Of Nevada,
Plaintiff and Respondent,
against
Paui Love|ace,
Defendant and Appellant.
Attorney General James G. Sweeney,
Attorney fer State.
Win. WOODBURY., Attorney for Appel
isnt.
Defendant appeals from judgment
rendered against him in the District
Court IL and for Elko county tor the
crime OF burglary: and he assigns two
rec sons why, as he claims, Judgment
should be reversed
First. the insufticiencv of the in
dictn1ent on which the judgment was
based: and
Second. the absence Of corrobora-
ton of the testimony CT an accomplice
who testified against the defendant
Under the first head the point made
is on the proper Interpretation OF the
following clause in the indictments:
THE said Paul Love;ace on the f1t7
day Ct May. 1904, - the nig1t tire or
saic! Gay, CT thereaboUts, in the County
Cf Elko. state of Nevada, without al
thOrity Of the law and before the find
ing CT this Indictment. did Nilfully,
unlawf,t'lv and burglariOusly break
ana enter the building of one AleXaa-
der Burren
Counsel for defendant in his or
Their brief. if an unsigned paper in the
usual form of brief found among the
naDers in the case as they appear fled
in this court, is by us treated as
brew, saw:
'ADpellant claims that this Indict-
ment is not good at common law, be-
cause the words or thereahouts', re-
late to and qualify the words night
time. This question was not raised
IN the court below, but is here pre-
sent ed for the first time.
The question is not whether the in
dictment would be good at common
law: il is whether it is good under
the statute of Nevada that governs
the subject The subject is govern ed
by the sections following concerning
indictments:
Section i199. Compiled Laws. 1909.
provides that the Indictment shall
contain ".. statement OF
the acts constituting the offense in
ordinary and concise language. and in
such manner as TO enable a person #
common understanding to know VIII {
is intended"
Section 1905, Compiled Laws, 1900.
has the following: The words used
in an Indictment shall be construed
in the usual acceptance in common
language evceDt such words ani
! phrases as are defined by law. which
are to be construed according to their
legal meaning"
Section 120S, Compiled Laws, 1900.
! Sixth-That the act or omission
! charged as the cffense is clearly and
distinctly set forth in ordinary and
concise language. without repetition
and in such a manner as to enable a
/ person of common understanding ~
know what is intended. ........."
I Section 1909 is as follows:
mo indictment shall be deemed
insufficient, nor shall the trial. judg-
ment. or the proceeding thereon. DE
affected, nv reason Of any defect or
imperfectiOn in matters g or.
/ which shall not tend to the prejudice
of the defendant:
The foregoing enactments show that
it was the intention of the Legislature
of Nevada that in constituting indict-
ments the courts should not indulge
: in q tUO-eyaCt and over-nice view 81
language: but that certainty to com
mon intent was all that should be
required
True. in the para eraDh Of the in
dictment under discussion, there is
something of a departure from the
best models Of grammatical, rhetoTi
cal or linguistic expression. But we
think the paragraph meets the
J requirement Of the statute that ''ths
acts constituting the 0ffense should -
charged in Or6inary and concise Ian
guage, and in such manner as to en3
bic a person Of common understand
+ inc 70 know what is intended II
hold The Indictment not fatally had :
we III nE. 10 keep within the statu
torv command. as EXPRESSED aho"r
in section 4Z0G. or at least not 20 o.
pert too far from such command K
vii. to cCnstlrn IN The usual acce"
tancn n common language"
We think the dofact Of the indict
n-en+ crrnrlai~ad Of vas such as in tn
language Of Secticn 1909. above qU"
8 ed was 2 "desec+ Or in7o~sfectjcn i
~-7+:.r Of form which @ii not ten
2 L -l7e rraiu,tice IF the defendant"
g. The lan@uaga q the fnGictrer
, crrld doubtless be made more ace.
&c, u