Appeal from Sixth Judicial District Court, Humboldt County; Edward A. Ducker, Judge.
Salter, Robins & Frame, for Appellant.
Geo. B. Thatcher, Attorney-General, and H. C. Price, Deputy Attorney-General, for Respondent.
By the Court, Norcross, C. J.:
This is an appeal from a judgment of conviction of the crime of mayhem.
It is contended by appellant that the information does not state facts sufficient to constitute the offense for
which the defendant was convicted; that the court below erred in the giving and refusal of certain instructions and in fixing the minimum of punishment at five years' imprisonment; that the evidence is insufficient to support the verdict.
The charging part of the information reads as follows:
That the said defendant, J.F. Enkhouse, did then and there willfully, unlawfully, and feloniously deprive one J. A. Cavaney, a human being, of a member of his body, and did disable and disfigure said member in the manner following: That the said defendant, at the county of Humboldt, State of Nevada, on the date aforesaid, did then and there wilfully, unlawfully, and feloniously bite off with his teeth a portion of the right ear of the said J. A. Cavaney, then and there being, and thereby disabled and disfigured said ear.
1. The crime of mayhem is defined and governed by sections 151 to 153, inclusive, of the Crimes and Punishments Act (Rev. Laws, 6416-6418), which reads:
Sec. 151. Mayhem consists of unlawfully depriving a human being of a member of his or her body, or disfiguring or rendering it useless. If any person shall cut out or disable the tongue, put out an eye, slit the nose, ear, or lip, or disable any limb or member of another, or shall voluntarily, or of purpose, put out an eye or eyes, every such person shall be guilty of mayhem. * * *
Sec. 152. To constitute mayhem it is immaterial by what means or instrument or in what manner the injury was inflicted.
Sec. 153. Whenever upon a trial for mayhem it shall appear that the injury inflicted will not result in any permanent disfiguration of appearance, diminution of vigor, or other permanent injury, no conviction for maiming shall be had, but the defendant may be convicted of assault in any degree.
The information was not demurred to. We think the objections to the information ought not to be regarded as well taken, at least in the absence of demurrer. The crime of ...