State v. Dallas
New Mexico Supreme Court
Appeal from District Court, Chaves County; McClure, Judge. Iiayden Dallas was charged with trespassing upon a school section. His demurrer was sustained in part, and the State appeals.
1Opinion of the Court
OPINION OF THE COURT.
HANNA, C. J.
The appellee was charged by information with trespassing upon a school section. To this information a demurrer filed by appellee was sustained in part, and the state, through the district attorney, thereupon perfected this appeal.
Appellee has moved to dismiss the appeal on the ground that the statute gives the state no right of appeal from a judgment on a demurrer to an information. The able Assistant Attorney General reviews the law which controls this question and practically confesses 'error.
Section 4517, Code 1915, provides:
"The state shall be allowed an…
2Cases cited1 opinion
- State v. RossMissouri Court of Appeals · 1906
3Cited by6 opinions
- Jordan v. JordanNew Mexico Supreme Court · 1923
- State v. SantillanesNew Mexico Court of Appeals · 1980
- Albuquerque Gas & Electric Co. v. CurtisNew Mexico Supreme Court · 1939
- State v. AshcroftNew Mexico Supreme Court · 1927
- In Re SantillanesNew Mexico Supreme Court · 1943
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