State v. Lucero
New Mexico Supreme Court
Appeal from District Court, Santa Fé Count}1; E. C. Abbott, Judge. José P. Lucero was convicted of solicitation of bribery, and appeals. The indictment is defective. There is no charge that the money was “solicited, taken or received” for the vote of appellant on any matter or thing pending or in any manner before the legislature for its consideration.
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Appeal from District Court, Santa Fé Count}1; E. C. Abbott, Judge. José P. Lucero was convicted of solicitation of bribery, and appeals. The indictment is defective. There is no charge that the money was “solicited, taken or received” for the vote of appellant on any matter or thing pending or in any manner before the legislature for its consideration. An indictment cannot be aided by intendment nor is it safe to indulge in speculation as to what may have been in the mind of the pleader. Assuming that the indictment follows the language of the statute it is insufficient. People v. Lee, 4-0…
1Opinion of the Court
OPINION BY THE COURT.
EOBEETS, C. J.
— Appellant was tried and convicted in the district court of Santa Fé county, on the first count of an indictment returned by the grand jury, which, omitting the formal parts, reads as follows: ''
“That José P. Lucero, * * * on.the eighteenth day of March (1912), * * * then and there being a duly elected, qualified and. acting member of the First State Legislature of ..the state of New Mexico, * * * and while' the said First State Legislature was holding its first,session under the provisions of the Constitution of the state of New Mexico, and then and there…
2Cases cited6 opinions
- United States v. GoodingSupreme Court of the United States · 1827
- Paraiso v. United StatesSupreme Court of the United States · 1907
- State v. HalidaWest Virginia Supreme Court · 1886
- State v. AllenIndiana Court of Appeals · 1895
- People v. LohmanNew York Supreme Court · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. HerreraNew Mexico Supreme Court · 1922
- State v. ArchuletaNew Mexico Supreme Court · 1923
- Baca v. PadillaNew Mexico Supreme Court · 1920
- State v. SmithNew Mexico Supreme Court · 1927
- State v. BacaNew Mexico Court of Appeals · 1984