State v. Whitener
New Mexico Supreme Court
Appeal from District Court, De Baca County, McClure, Judge. Samuel Whitener was convicted of statutory rape and he appeals. Tbe court erred in denying tbe motion of tbe appellant for a continuance. Terr v. Kelly, 2 N. M. 292; Terr v. Kinney, 3 N. M. 143; Terr v. Faulkner, 6 N. M. 464; Terr v. Torres, 16 N. M. 615. Uncorroborated testimony of the prosecutrix is insufficient to sustain conviction for rape where defendant under oath denies the charge.
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Appeal from District Court, De Baca County, McClure, Judge. Samuel Whitener was convicted of statutory rape and he appeals. Tbe court erred in denying tbe motion of tbe appellant for a continuance. Terr v. Kelly, 2 N. M. 292; Terr v. Kinney, 3 N. M. 143; Terr v. Faulkner, 6 N. M. 464; Terr v. Torres, 16 N. M. 615. Uncorroborated testimony of the prosecutrix is insufficient to sustain conviction for rape where defendant under oath denies the charge. Sewers v. Terr. 50 Pac. 257; Mares v. Terr. 65 Pac. 165; State v. Baker, 56 Pac. 81. Proof of acts prior to act charged in indictment is…
1Opinion of the Court
OPINION OP THE COURT.
MECHEM, District Judge.
The appellant, Whitener, was convicted of statutory rape, and he appeals.
[1] The denial by the court of his motion for continuance is his first assignment of error. The ground for this motion was the absence of a material witness from the state; but the trial court found from the record that the witness had been served with a subpoma in the cause and that he had willfully disobeyed the order of the court and had moved to Arizona, where he resided at the time of the trial. The court was justified in denying the motion for continuance, there being no…
2Cases cited8 opinions
- People v. . O'SullivanNew York Court of Appeals · 1887
- People v. AbbottMichigan Supreme Court · 1893
- Strang v. PeopleMichigan Supreme Court · 1871
- State v. RobinsonOregon Supreme Court · 1897
- State v. EllisonNew Mexico Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. MinnsNew Mexico Court of Appeals · 1969
- State v. MasonNew Mexico Court of Appeals · 1968
- State v. CarpioNew Mexico Supreme Court · 1921
- State v. VelardeNew Mexico Supreme Court · 1960
- State v. FaganNew Mexico Court of Appeals · 1967
6 more not listed; retrieve them via the Exa API.