Legal Opinion

Territory of New Mexico v. Prather

New Mexico Supreme Court

Decided August 28, 1913No. 1532PublishedCited by 2 opinions

Appeal from the District Court of Chaves County; John T. McClure, District Judge; Court erred in not selecting a jury as required by law. C. L. 1897, secs. 995, 997, 1001 and 1002; 7 How. Pr. 441. Jurynyen must be obtained from ballots, folded and placed in a box by the clerk, and not by calling the names, as they appear, in order, on the list of the special venire. Territory v. Carmody, 8 N. M. 376. Hearsay testimony is not" admissible.

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Appeal from the District Court of Chaves County; John T. McClure, District Judge; Court erred in not selecting a jury as required by law. C. L. 1897, secs. 995, 997, 1001 and 1002; 7 How. Pr. 441. Jurynyen must be obtained from ballots, folded and placed in a box by the clerk, and not by calling the names, as they appear, in order, on the list of the special venire. Territory v. Carmody, 8 N. M. 376. Hearsay testimony is not" admissible. Mitchell v. Stale, 114 Ala. 1, 22 So. —; Baldwin v. St. L. K. & N. R Co., 68 Iowa 37, 25 N. W. 918. It was imperative for the prosecution to show by…

1Opinion of the Court

OPINION BY THE COURT.

ROBERTS, C. J. —

This is an appeal from a conviction of murder in the second degree. The regular panel of jurors having been exhausted, before completion of the trial jury, a special venire was issued, for twenty additional talesmen. The return of the sheriff showed service upon seventeen of the said*-talesmen, all of whom were placed in the box and examined as to their general qualifications to serve as jurors; four were excused for various reasons, leaving thirteen'names upon the list, qualified b-serve as jurors. The names of the thirteen jurors» so found to possess the…

2Cases cited4 opinions

  1. State v. HolmeSupreme Court of Missouri · 1873
  2. Ex parte ChaseSupreme Court of Alabama · 1869
  3. State v. DorseySupreme Court of Louisiana · 1888
  4. Brazier v. StateSupreme Court of Alabama · 1870

3Cited by2 opinions

  1. Bruckshaw v. Frankford Hospital of the PhiladelphiaSupreme Court of Pennsylvania · 2012
  2. State v. BoeglinNew Mexico Court of Appeals · 1977

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