Roper v. Territory of New Mexico
New Mexico Supreme Court
Appeal, from a judgment convicting defendant of murder in the first degree, and sentencing him to be hung, from the Third Judicial District Court, Dona Ana County. Judgment reversed; Freeman, J., dissenting. The facts are stated in the opinion of the court. It was in the discretion of the court to allow the jury to separate, and such separation was not prejudicial to defendant, and, unless some prejudice is shown, there is no ground for a new trial.
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Appeal, from a judgment convicting defendant of murder in the first degree, and sentencing him to be hung, from the Third Judicial District Court, Dona Ana County. Judgment reversed; Freeman, J., dissenting. The facts are stated in the opinion of the court. It was in the discretion of the court to allow the jury to separate, and such separation was not prejudicial to defendant, and, unless some prejudice is shown, there is no ground for a new trial. The harmlessness of such separation appears from the affidavits of the bailiffs. Territory v. Nichols, 3 N. M. (Gil.) 107; Territory v.…
1Opinion of the CourtFall, J.
This cause comes here by appeal from Dona Ana county. The facts, as disclosed by the record, are as follows: The district court for that county was held in Las Cruces, commencing on the sixth day of March, 1893. On the ninth day of March, Samuel Steel, a young man of seventeen years, a relative of the presiding judge, John R. MoFie, was found unconscious at a point on a road or street a short distance from the town, with a bullet wound entering the eye, penetrating the head, and doming out toward the back part thereof, at a point above the place of entry. The defendant, John A. Roper, was…
Also in this document: Concurrence.
2Cases cited2 opinions
- Gifford v. PeopleIllinois Supreme Court · 1877
- Devine v. PeopleIllinois Supreme Court · 1881
3Cited by3 opinions
- State v. EvansNew Mexico Supreme Court · 1944
- State v. WashingtonSupreme Court of Louisiana · 1929
- State v. GonzalesNew Mexico Court of Appeals · 1973