Territory of New Mexico v. Maldonado
New Mexico Supreme Court
Appeal, from a judgment of tbe Eourtb Judicial District Court, San Miguel County, convicting the defendants of rape. Reversed and remanded; Leland, J., dissenting. Tbe facts are stated in tbe opinion of tbe court. It was error to permit tbe prosecutrix to testify as to tbe particulars of her conversation and acts at tbe bouse of Cruz Segura subsequent to tbe alleged commission of tbe crime.
Read the full summary
Appeal, from a judgment of tbe Eourtb Judicial District Court, San Miguel County, convicting the defendants of rape. Reversed and remanded; Leland, J., dissenting. Tbe facts are stated in tbe opinion of tbe court. It was error to permit tbe prosecutrix to testify as to tbe particulars of her conversation and acts at tbe bouse of Cruz Segura subsequent to tbe alleged commission of tbe crime. It was also error to permit Romero to testify as to tbe details of his conversations with tbe prosecutrix at the time she made complaint to him as an officer. Ros. Grim. Ev. [8 Ed.] 45; Baccio v. People,…
1Opinion of the CourtMills, C. J.
The appellants were jointly indicted, tried and convicted of the crime of rape alleged to have been committed upon the person of Teodora Martines de Maestas. The prosecutrix testified that at half past nine o’clock in the evening of April 20, 1897, in a thickly populated part of Las Yegas, with neighbors living in close proximity to her residence, she was called to the door of her house, dragged out and forcibly ravished by the appellants, each one of whom she claimed accomplished his purpose. Other than the prosecutrix, there were no witnesses to the alleged violation of the person of the…
2Cases cited8 opinions
- Baccio v. . the PeopleNew York Court of Appeals · 1869
- Stephen v. StateSupreme Court of Georgia · 1852
- People v. HicksMichigan Supreme Court · 1893
- People v. MayesCalifornia Supreme Court · 1885
- People v. McGeeCourt for the Trial of Impeachments and Correction of Errors · 1845
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. BradyArizona Supreme Court · 1948
- State v. BacaNew Mexico Supreme Court · 1952