Hunt v. State
Hunt v. State
Opinion of the Court
OPINION
A jury convicted appellants of cheating at gambling, a violation of NRS 465.080.
On appeal, appellants argue absence of the expected testimony damaged and disrupted their defense.
Clearly, no prejudice occurred unless the evidence assertedly withheld was so crucial that a different result would be reached if the case were retried. See Armstrong v. State, 96 Nev. 175, 605 P.2d 1142 (1980); cf. King v. State, 95 Nev. 497, 596 P.2d 501 (1979). On the record before us, the trial court properly could reach the conclusion that evidence of guilt was such that inclusion of the testimony expected would be unlikely to change the result. The officer testified he found a monofilament wire wound around appellant Whittemore’s coat button and pieces of scotch tape under Whittemore’s coat lapel. The officer also found a coin with a piece of scotch tape in the slot tray. The prosecution’s expert described how such items may be used to cheat a slot machine, and also testified that it was possible to use a paper clip, or other such item, as a handle to achieve the necessary string length. A witness also observed the appellants playing the slot machine in a suspicious manner. In view of these facts, we perceive no prejudicial error.
Affirmed.
NRS 465.080(2) provides in material part:
“2. It is unlawful for any person, in playing or using any slot machine designed to receive or be operated by lawful coin of the United States of America:
“(b) To use any cheating or thieving device, including but not limited to tools, drills, wires, coins attached to strings or wires or electronic or magnetic devices, to unlawfully facilitate aligning any winning combination or removing from any slot machine any money or other contents thereof.”
Reference
- Full Case Name
- REXFORD HUNT, Jr. and ARTHUR F. WHITTEMORE v. THE STATE OF NEVADA
- Status
- Published