State v. Carpio
New Mexico Supreme Court
Appeal from District Court, Grant County; Edwin Mechem, Judge. Antonio Carpió was convicted of murder in the first degree, and he appeals. The court should have granted appellant’s motion to instruct the jury to acquit him, because of variance between indictment and proof. Smith v. State, 7 Tex. App. 382; People v. Knapp, 71 Cal. 1, 11 Pac. 793 (1886) ; State v. Walker, 9 Houst.
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Appeal from District Court, Grant County; Edwin Mechem, Judge. Antonio Carpió was convicted of murder in the first degree, and he appeals. The court should have granted appellant’s motion to instruct the jury to acquit him, because of variance between indictment and proof. Smith v. State, 7 Tex. App. 382; People v. Knapp, 71 Cal. 1, 11 Pac. 793 (1886) ; State v. Walker, 9 Houst. (Dela.) 464, 33 Atl. 227 (1887) ; State v. Greenleaf, 71 N. H. 606, 54 Atl. 38 (1902) ; State v. Johnson, 40 Conn. 136 (1873) ; State v. Reddington, 7 S. D. 368, 64 N. W. 170 (1895), 21 Cyc. 726 and authorities there…
1Opinion of the Court
OPINION OF THE- COURT.
ROBERTS, C. J.
Appellant was tried and convicted of the crime of murder in the first degree and appeals. On August 4, 1919, appellant attended a dance at the town of Central, Grant county, N. M. Appellant had asked a young lady, one Julia Olguin, to dance with him, and she had refused. Thereupon he told her that if she would not dance with him she could not dance with any other person. Later she was dancing with one Casamero Lucero, whereupon appellant caught hold of Lucero and told him that he could not dance with Miss Olguin. Lucero slapped or pushed appellant, and some…
2Cases cited9 opinions
- State v. StarrNew Mexico Supreme Court · 1917
- State v. ParksNew Mexico Supreme Court · 1919
- State v. ClarkSupreme Court of Missouri · 1898
- State v. OrfanakisNew Mexico Supreme Court · 1916
- Brooks v. StateSupreme Court of Arkansas · 1919
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Gladden v. StateCourt of Appeals of Maryland · 1974
- State v. ClokeyIdaho Supreme Court · 1961
- State v. AbeytaNew Mexico Supreme Court · 1995
- Noelke v. StateIndiana Supreme Court · 1938
- State v. GilletteNew Mexico Court of Appeals · 1985
15 more not listed; retrieve them via the Exa API.