Nevada Supreme Court, 1977

Vargo v. State

Vargo v. State
Nevada Supreme Court · Decided November 16, 1977
93 Nev. 554; 570 P.2d 1142
Vargo v. State

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

OPINION

Per Curiam:

After James Emery Vargo was convicted, by jury verdict, of murder in the first degree and sentenced to the Nevada State Prison, he perfected this appeal.

Vargo’s sole assignment of error claims the evidence was “insufficient to warrant a jury verdict of murder in the first degree.” In support of this claim Vargo argues that he “was so intoxicated” that he was “unable to form the requisite premeditated design” to support the verdict. Earlier this year, in a case involving remarkably similar facts, that same argument was considered and rejected. See Dearman v. State, 93 Nev. 364, 566 P.2d 407 (1977). Accordingly, we affirm.

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