United States v. Cook
New Mexico Supreme Court
Appeal from the Fifth Judicial District Court, before W. H. Pope, Associate Justice. The separation of tlie jury in such a way as to expose them to tampering may be reason for a new trial, variously held as absolute, or prima facie. Lester v. Stanley, 15 Fed. ease No. 8277; Wharton Crim. PI. & Pr. sec. 821; Early v. State, 1 Tex.
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Appeal from the Fifth Judicial District Court, before W. H. Pope, Associate Justice. The separation of tlie jury in such a way as to expose them to tampering may be reason for a new trial, variously held as absolute, or prima facie. Lester v. Stanley, 15 Fed. ease No. 8277; Wharton Crim. PI. & Pr. sec. 821; Early v. State, 1 Tex. App. 248; The People v. Backus, o Cal. 275; Commonwealth v. Koley, 12 Pick. 519, Mass-.; Organ v. The State, 26 Miss, 78; Madden v. The State of Kansas, 1 Kas., sec. ed. 321; The State of Kansas v. Mulleins, 18 Kas., 2 ed. 17; Mattox v. IJ. S., 36 TJ. S., L. ed. 917;…
1Opinion of the Court
OPINION OP TI-IE COURT.
MILLS, C. J.
Appellant herein, M.' E. Cook, was found guilty by a jury, on the 25th day of April, A. D. 1908, of having committed the crime of adultery. Motion for a new trial was subsequently filed, argued and overruled by the trial court, and an appeal was taken to this court.
The case is brought to this court on a skeleton record. None of the evidence introduced at the trial is before us, and consequently it will not be considered by us in arriving at our decision.
1 The court has often held that no alleged errors, unless they are jurisdictional, will be considered,…
2Cited by16 opinions
- State v. EllisonNew Mexico Supreme Court · 1914
- DesGeorges v. GraingerNew Mexico Supreme Court · 1966
- Sais v. City Electric Co.New Mexico Supreme Court · 1920
- State v. StarrNew Mexico Supreme Court · 1917
- State v. AtwoodNew Mexico Court of Appeals · 1971
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