Legal Opinion

Territory of New Mexico v. Gutierrez

New Mexico Supreme Court

Decided January 16, 1906No. 1096PublishedCited by 8 opinions

Appeal from the district court' of Bernalillo county, . before Ira A. Abbott, Associate Justice. The defendant was charged with having, as a notary public, made a certificate, Imowingly, which contained false statements. Such offense is within the meaning of the statute. U. S. v. Moore, 60 Fed. Rep. 739; U. S. v. Cameron, 3 Dak. 141; U. S. v. Staats, 8 How. 46; U. S. v. Hartman, 65 Fed. Rep. 491. The indictment charged no offense against the laws of the territory.

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Appeal from the district court' of Bernalillo county, . before Ira A. Abbott, Associate Justice. The defendant was charged with having, as a notary public, made a certificate, Imowingly, which contained false statements. Such offense is within the meaning of the statute. U. S. v. Moore, 60 Fed. Rep. 739; U. S. v. Cameron, 3 Dak. 141; U. S. v. Staats, 8 How. 46; U. S. v. Hartman, 65 Fed. Rep. 491. The indictment charged no offense against the laws of the territory. Compiled Laws of New Mexico, 1897, Sec. 1168, 1169, 1176; Hawkins Chap. 70, Sec. 1; 3 Chitty, p. 1022; 2 Wharton, Sec. 1418;…

1Opinion of the Court

OPINION OF THE COURT.

MANN, J.

— At the March, 1904, term of the district court of Bernalillo county, Ignacio Gutierrez was indicted by the grand jury of said county, the indictment charging “that Ignacio Gutierrez, late of the county aforesaid, on the seventh day of April, A. D., 1903, at the county aforesaid, in the Territory of New Mexico, did unlawfully, feloniously and falsely make, with intent to injure, and defraud, a certain certificate of a notary public in relation to the acknowledgment by Jesus Maria Sandoval and his wife, Teodora Armijo de Sandoval, of the execution of a deed from…

2Cases cited8 opinions

  1. United States v. StaatsSupreme Court of the United States · 1849
  2. State v. WillsonSupreme Court of Minnesota · 1881
  3. United States v. HartmanDistrict Court, E.D. Missouri · 1894
  4. United States v. MooreDistrict Court, N.D. New York · 1894
  5. United States v. BarneyU.S. Circuit Court for the District of Southern New York · 1866

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3Cited by8 opinions

  1. Wayne S. Marteney v. United States of America, C. M. Henderson v. United StatesCourt of Appeals for the Tenth Circuit · 1954
  2. United States F. & G. Co. v. First Nat. Bank of Ft. MorganSupreme Court of Colorado · 1961
  3. State v. CowleyNew Mexico Court of Appeals · 1968
  4. United States v. Robert Dahle SparrowCourt of Appeals for the Tenth Circuit · 1980
  5. State v. CandelariaNew Mexico Court of Appeals · 2019

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