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State v. Williams

December 31, 1912

STATE OF NEVADA, RESPONDENT, V. FRANKLIN WILLIAMS, APPELLANT.


Appeal from Sixth Judicial District Court, Humboldt County; Edward A. Ducker, Judge.

Salter & Robins, for Appellant.

Cleveland H. Baker, Attorney-General, and J. A. Callahan, District Attorney of Humboldt County, for Respondent.

Per Curiam:

The defendant was indicted by the grand jury of Humboldt County for the crime of knowingly permitting unlawful gambling in his place of business in Winnemucca. From a judgment of conviction and an order denying a motion for a new trial, he has appealed.

[1] It is urged that the case ought to be reversed on different grounds, first of which is the one that a grand juror was disqualified. His frame of mind is illustrated by the following extract from the testimony which he gave upon the motion to set aside the indictment:

A. Well, I don't know as I have any belief. I don't know that a man could form an opinion unless they had some tangible evidence. It was rumored, and of course I had the impression, that they were gambling, but I had no belief of the gambling until the men were put under oath. You can hear a rumor, but you cannot form an opinion upon a mere rumor. I had heard it stated several times that they were gambling or conducting a gambling place, but I never had heard until I got into the grand jury room that they were gambling—that he was gambling there. When I went into the grand jury room I had no idea that the case was coming up.

Q. Then you had no opinion one way or the other? A. I don't think I did until after we heard the evidence.

Q. You had no opinion on the 31st of January, before you were sworn as a grand juror, as to whether this man had been gambling or was running a gambling place? A. I didn't have an opinion that I could come in and make any charge against him; I didn't have an opinion that I could have charged him with anything.

Q. I think I understand what you mean, but you will be fair with me, I know. Still you did have an opinion or belief about it—about this man—didn't you? A. Why, sure, I have had for some time, that there was something wrong there.

Q. And that belief or opinion, if it was such, was formed upon what you had heard? A. Yes, on rumors.

Q. And the persons who had informed you, you had no

[35 Nev. 276, Page 281]

reason to disbelieve, did you? A. I couldn't recall any one, outside of that one evening, who spoke positively on the case. He didn't say that he had seen ...


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