Legal Opinion

Gonzales y Borrego v. Territory of New Mexico

New Mexico Supreme Court

Decided September 1, 1896No. 618Published

Error, from a judgment of conviction for murder, to the First Judicial District Court, Santa Fe County. The facts are stated in the opinion of the court. The judgments of the district courts of this territory, in criminal cases, are reviewable in the supreme court of the territory by writ of error. Rev. Stats., U. S., secs. 1868, 1869; Rice v. Rex, Cro.

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Error, from a judgment of conviction for murder, to the First Judicial District Court, Santa Fe County. The facts are stated in the opinion of the court. The judgments of the district courts of this territory, in criminal cases, are reviewable in the supreme court of the territory by writ of error. Rev. Stats., U. S., secs. 1868, 1869; Rice v. Rex, Cro. Jac. 404; Rex v. Seton, 7 T. R. 373; Rex v. West Riding, etc., Id. 467; Reg v. Carlisle, 2 B. & Ad. 971; State v. Shepard, 37 Wis. 395; Rex v. Earberry, Fort, 37; 1 Bish. Crim. Proc. [N. Ed.], sec. 1362; Comp. Laws, secs. 2194, 2199; U. S. v.…

1ConcurrenceCollier, J.

(concurring). — In concurring in the result of affirmance in this case, I desire to submit some views upon the indictment, which has be’en so strenuously attacked by the counsel for plaintiffs in error, and with equal ability defended by counsel for the territory. The attacking counsel have supported their contention with common law authority, and it must be conceded that, if we are to adhere to what the chief justice shows were denominated the “unseemly niceties which are to the law a blemish and a reproach,” the attempt on the part of the counsel for the territory in the trial court to…

Also in this document: Per curiam.

2Cases cited12 opinions

  1. In Re WightSupreme Court of the United States · 1890
  2. Crim v. KessingCalifornia Supreme Court · 1891
  3. State ex rel. Graves v. PrimmSupreme Court of Missouri · 1875
  4. Bilansky v. StateSupreme Court of Minnesota · 1859
  5. Fuller & Co. v. StebbinsSupreme Court of Iowa · 1878

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