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SKAUG v. SHEEHY

No. 11367.

157 F.2d 714 (1946)

SKAUG v. SHEEHY, Warden.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied November 22, 1946.

Attorney(s) appearing for the Case

Martin J. Scanlan, of Reno, Nev., for appellant.

Gray Mashburn, of Carson City, Nev. (Alan Bible, Atty. Gen. of Nevada, Homer Mooney and George P. Annand, Deputy Attys. Gen. and Melvin E. Jepson, Dist. Atty. of Reno, Nev., of counsel), for appellee.

Before DENMAN, HEALY, and BONE, Circuit Judges.

HEALY, Circuit Judge.

A Nevada statute, § 10068, Nevada Compiled Laws 1929, provides, in part: "Every person convicted of murder in the first degree shall suffer death or confinement in the state prison for life, at the discretion of the jury trying the same; * * *" The provision was taken from the California Penal Code, § 190. Prior to its adoption by the Nevada legislature in 1907 the parent statute had been uniformly...

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