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GRAVES v. STATE

No. 4951

413 P.2d 503 (1966)

Kenneth Ronald GRAVES, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada

Rehearing denied May 17, 1966.

Attorney(s) appearing for the Case

Harry E. Claiborne, of Las Vegas, for Appellant.

Harvey Dickerson, Attorney General, of Carson City, and William J. Raggio, Washoe County District Attorney, of Reno, for Respondent.

THOMPSON, Justice.

A jury convicted Graves of attempted first degree murder. He was the sole witness in defense. His request for reversal and another trial rests mainly upon the jury instruction quoted below,1 commenting upon his testimony. The state acknowledges error and concedes that the instruction offends the prohibition of NRS 175.170 reading: "In the trial of all indictments, complaints and other proceedings against persons charged...

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