State v. Lucero
New Mexico Supreme Court
Appeal from District Court, Guadalupe County. There was no arraignment and plea by the defendant. 'Gonzales v. Territory, 13 N. M. 97; Arandt v. Territory, lo N. M. 292. , No fatal variance as to ownership. 2 Bishop’s Crim. Proc., sec. 721. Not necessary for state to prove value of animal alleged to bare been stolen. Sec. 79, C. L. 1897; 2 Bishop’s Grim. Proc., sec. 713; Davis v. State, 40 Tex. 134. Misconduct of jurors must be definitely proven.
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Appeal from District Court, Guadalupe County. There was no arraignment and plea by the defendant. 'Gonzales v. Territory, 13 N. M. 97; Arandt v. Territory, lo N. M. 292. , No fatal variance as to ownership. 2 Bishop’s Crim. Proc., sec. 721. Not necessary for state to prove value of animal alleged to bare been stolen. Sec. 79, C. L. 1897; 2 Bishop’s Grim. Proc., sec. 713; Davis v. State, 40 Tex. 134. Misconduct of jurors must be definitely proven. People v. Williams,-24 Cal. 31; Achey v. State, 64 Ind. 56. The jury is the sole judge of the weight of the evidence. Where the evidence is…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.
Appellant was indicted by the grand jury of Guadalupe County, for larceny of one head of neat cattle of the value of $25; was tried before a jury in the district court of that count3r, adjudged to be guilty and sentenced by the court to imprisonment in the state- penitentiaiy for not less than two 3rears nor more than four years. From such judgment this appeal is prosecuted.
1 The first ground relied upon for reversal is that there-is a fatal variance between the allegation in the indictment and the proof as to the ownership of the animal. The indictment…
2Cases cited3 opinions
- People v. WilliamsCalifornia Supreme Court · 1864
- Achey v. StateIndiana Supreme Court · 1878
- Davis v. StateTexas Supreme Court · 1874
3Cited by13 opinions
- State v. BuchananNew Mexico Supreme Court · 1966
- State v. AscarateNew Mexico Supreme Court · 1915
- State v. CarpioNew Mexico Supreme Court · 1921
- State v. JohnsonNew Mexico Supreme Court · 1916
- State v. PadillaNew Mexico Supreme Court · 1914
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