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Lischko v. State

Supreme Court of Nevada
Oct 6, 1971
489 P.2d 89 (Nev. 1971)

Opinion

No. 6238

October 6, 1971

Appeal from Second Judicial District Court, Washoe County; Emile J. Gezelin, J.

Hibbs Bullis, of Reno, for Appellant.

Robert List, Attorney General, Robert E. Rose, District Attorney, and Kathleen M. Wall, Deputy District Attorney, Washoe County, for Respondent.


OPINION


The appellant, who was charged by indictment, stands convicted of first degree kidnapping. He asks us to set aside his conviction for three reasons. First, because the trial court refused his request to order the district attorney to supply him with a list of witnesses to be called during presentation of the State's case in chief. When an accused is charged by indictment, a list of witnesses need not be supplied. Smithart v. State, 86 Nev. 925, 478 P.2d 576 (1970); Mathis v. State, 82 Nev. 402, 419 P.2d 775 (1966). Second, because evidence suggesting the perpetration of another offense by appellant was received. As to this, no objection was interposed by trial counsel and the error, if any, was waived. Wilson v. State, 86 Nev. 320, 468 P.2d 346 (1970); Smithart v. State, supra. Third, because the trial court denied his motion, made during trial, to produce statements, if any, submitted to the prosecution by one Robert Sheridan. Sheridan was not called as a witness. Cf. Mears v. State, 83 Nev. 3, 422 P.2d 230 (1967); Walker v. State, 78 Nev. 463, 376 P.2d 137 (1962); State v. Bachman, 41 Nev. 197, 168 P. 733 (1917). Moreover, the record does not show that Sheridan gave statements or evidence, or that he even possessed relevant information.

Affirmed.


Summaries of

Lischko v. State

Supreme Court of Nevada
Oct 6, 1971
489 P.2d 89 (Nev. 1971)
Case details for

Lischko v. State

Case Details

Full title:JOE LISCHKO, APPELLANT, v. STATE OF NEVADA, RESPONDENT

Court:Supreme Court of Nevada

Date published: Oct 6, 1971

Citations

489 P.2d 89 (Nev. 1971)
489 P.2d 89

Citing Cases

Warden v. Lischko

The judgment of conviction was affirmed. Lischko v. State, 87 Nev. 493, 489 P.2d 89 (1971). On appeal, he did…