Legal Opinion

State v. Lowe

New Mexico Supreme Court

Decided December 4, 1933No. 3895PublishedCited by 1 opinion

1Opinion of the Court

HUDSPETH, Justice.

Appellant was convicted of transporting intoxicating liquor, and the jury found it to be his second offense. Judgment was entered on the verdict and the appellant sentenced, under 1929 Comp. St. § 72-104, to the penitentiary for a term of two years.

The main point relied upon for reversal by appellant, who stood upon his demurrer to the state’s evidence and offered no testimony at the trial, is that the evidence is insufficient to sustain the conviction, in that it fails to show that the liquor was carried off the premises.

For the proposition that the mere transferring of…

2Cases cited5 opinions

  1. State v. NicholsSupreme Court of Missouri · 1932
  2. Mates v. StateIndiana Supreme Court · 1929
  3. Scott v. StateCourt of Criminal Appeals of Texas · 1931
  4. State v. NearSupreme Court of Iowa · 1932
  5. Howle v. StateCourt of Criminal Appeals of Texas · 1932

3Cited by1 opinion

  1. State v. MahoneyArizona Supreme Court · 1970

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