City of Tucumcari v. Belmore
New Mexico Supreme Court
Appeal from the District Court of Quay County; 'Thomas D. Leib, District Judge; Court erred in assuming jurisdiction of this cause and forcing the defendant to- go to trial over his objection without a full panel; only twelve qualified jurors remained on the panel when case was called, when there should have-been twenty-four.
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Appeal from the District Court of Quay County; 'Thomas D. Leib, District Judge; Court erred in assuming jurisdiction of this cause and forcing the defendant to- go to trial over his objection without a full panel; only twelve qualified jurors remained on the panel when case was called, when there should have-been twenty-four. Laws 1905, ch. 116, sec. 25. Twelve jurors of the regular panel-were disqualified by the trial of the case the day before, _which casé involved, same issues and between same parties. G-artwaite v. Tatum, 76 Am. Dec. 402; Swarnes v. Sitton, 58 111. 155. Motion for new…
1Opinion of the Court
OPINION OF THE COURT.
PARKER, J. —
These cases both arise out of judgments for violations of an ordinance of the City of Tucumcari. The first case is a judgment for violation of section 6 of Ordinance No. 47, which prohibits wooden buildings within certain prescribed fire limits of the city, and the second case is a judgment for the violation of section 18 of the ordinance, which prohibits the keeping and maintaining of such buildings within such fire limits, each day they .are so kept or maintained constituting a separate offense.
Appellant assigned numerous errors in each case, but the record…
2Cases cited6 opinions
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Teague v. StateSupreme Court of Alabama · 1906
- State v. GrantSupreme Judicial Court of Maine · 1842
- City of San Francisco v. RandallCalifornia Supreme Court · 1880
- Windom v. StateCourt of Criminal Appeals of Texas · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Town of Gallup v. ConstantNew Mexico Supreme Court · 1932
- City of Clovis v. CurryNew Mexico Supreme Court · 1928
- State v. SmithNew Mexico Supreme Court · 1915
- Milliken v. MartinezNew Mexico Supreme Court · 1916
- Robinson v. SawyerNew Mexico Supreme Court · 1918
3 more not listed; retrieve them via the Exa API.