State v. Rodriguez
New Mexico Supreme Court
Appeal from District Court, Chaves County; McClure, J udge. Juan Rodriguez was convicted of murder in the first degree, and he appeals. Juror with fixed, definite and unqualified opinion as to the guilt or innocence of defendant, or merits of case in civil action, such as will take evidence to remove, is disqualified, though he beieves he could 'try case on law and evidence.
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Appeal from District Court, Chaves County; McClure, J udge. Juan Rodriguez was convicted of murder in the first degree, and he appeals. Juror with fixed, definite and unqualified opinion as to the guilt or innocence of defendant, or merits of case in civil action, such as will take evidence to remove, is disqualified, though he beieves he could 'try case on law and evidence. State v. Riley, 78 Pad 1001; Turner v. State, 69 S’. W. 744; In Re Coughlin, 19 D. R. A. 57; Sec. 14, Art. 2, State Const.; Scribner v. State, 108 Pac. 426, 35 L. R. A. (N. S.) 985; Togeler v. State, 130 Pac. 1169. Court…
1Opinion of the Court
OPINIÓN OP THE COURT.
HANNA, C. J.
(after stating the facts as above).
[1] The first three assignments of error are based upon the alleged erroneous action of the trial court in overruling the defendant’s challenge for cause to the three veniremen, Beers, Johnson, and Bice, each of whom was subsequently peremptorily challenged by the defendant. It is apparent from examination of the record that each of the veniremen admitted having formed an opinion regarding the merits of the case. The veniremen were carefully examined by counsel for the state and for defendant, and finally by the court. In…
2Cases cited27 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- State v. BrooksSupreme Court of Missouri · 1887
- State v. WalkerSupreme Court of Missouri · 1888
- Hale v. StateSupreme Court of Alabama · 1898
- Cook v. StateSupreme Court of Florida · 1903
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3Cited by25 opinions
- State v. GarciaNew Mexico Supreme Court · 2005
- State v. ComptonNew Mexico Supreme Court · 1953
- State v. PaceNew Mexico Supreme Court · 1969
- Evans v. United StatesCourt of Appeals for the Tenth Circuit · 1941
- State v. TrujilloNew Mexico Supreme Court · 1981
20 more not listed; retrieve them via the Exa API.