Legal Opinion

State v. Eaker

New Mexico Supreme Court

Decided March 4, 1913No. 1525PublishedCited by 13 opinions

Appeal from District Court, Lincoln Count]’-. No'evidence to sustain conviction. Blashfield’s Instructions to Juries, vol. 1, sec. 33; and cases there cited; Caldwell v. Center, 30 Calif. ‘539; Jones v. Eandolph, 104 H. S. 108; 12 Cyc. 651. It is too late to raise in this court any question as to instructions.

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Appeal from District Court, Lincoln Count]’-. No'evidence to sustain conviction. Blashfield’s Instructions to Juries, vol. 1, sec. 33; and cases there cited; Caldwell v. Center, 30 Calif. ‘539; Jones v. Eandolph, 104 H. S. 108; 12 Cyc. 651. It is too late to raise in this court any question as to instructions. Territory v. McGrath, 16 N. M. 202; Territory v. Caldwell, 14 N. M. 535; Territory v. Gonzales, 14 N. M. 31; Territory v. Watson, 12 N. M. 419; Territory v. O’Donnell, 4 N. M. 196.

1Opinion of the Court

OPINION OF THE COURT.

ROBERTS, C. J.

Appellant was jointly indicted, with one Daniel Bullion, by the grand jury of Lincoln Countj', charged with making assault upon one William D. Wilson, with intent to rob and take from him, said Wilson, his money, goods, etc. The case was tried on the 20th day of May, and the jury returned a verdict, finding both, defendants guilty, as charged. A motion for a new trial was filed by the appellant, which was overruled bjr the court, and appellant was sentenced to the state penitentiary, for a term of not less than two, nor more than three years. From such…

2Cases cited1 opinion

  1. Grant v. WestfallIndiana Supreme Court · 1877

3Cited by13 opinions

  1. State v. GlassNorth Dakota Supreme Court · 1915
  2. Henderson v. DreyfusNew Mexico Supreme Court · 1919
  3. State v. AnchetaNew Mexico Supreme Court · 1915
  4. State v. CarpioNew Mexico Supreme Court · 1921
  5. State v. AlvaNew Mexico Supreme Court · 1913

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