Territory of New Mexico v. Church
New Mexico Supreme Court
Appeal from the District Court for Chaves County before W. H. Pope, Associate Justice. It is not only necessary that the facts and circumstances which constitute the offense should be set out in the indictment, but it must be charged that the accused DID the acts which render him answerable to the law. Ewing v. State, 1 Tex. App. 362; State v. Hutchinson. 26 Tex.
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Appeal from the District Court for Chaves County before W. H. Pope, Associate Justice. It is not only necessary that the facts and circumstances which constitute the offense should be set out in the indictment, but it must be charged that the accused DID the acts which render him answerable to the law. Ewing v. State, 1 Tex. App. 362; State v. Hutchinson. 26 Tex. Ill; State -v. Daugherty, 30 Tex. 360; Edmonson-v. State, 41 Tex. 496; State v. Holder, 2 McCord L. (SC.) 377, 39 A. D. 738. The principal is not liable under the statute for the-act of an employee against the order of the principal…
1Opinion of the Court
OPINION OF THE COURT.
McFIE, J.
The indictment is based upon the violation of Section 3, Chapter 3, Laws of 1901, which is as follows:
“Sec. 3. It shall be unlawful for the proprietor, keeper or manager of any saloon where intoxicating liquor is kept or offered for sale, or where gambling In any form is carried on or permitted, to permit any minor under the age of twenty-one years or any pupil in any school or educational institution, to loiter upon or frequent the premises belonging to such saloon, or to engage in games or amusements of any kind thereon.”
Section 7 of the) same chapter is also…
2Cases cited12 opinions
- People v. RobyMichigan Supreme Court · 1884
- Snider v. StateSupreme Court of Georgia · 1888
- Carroll v. StateCourt of Appeals of Maryland · 1885
- Noecker v. PeopleIllinois Supreme Court · 1878
- Dudley v. SautbineSupreme Court of Iowa · 1878
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3Cited by5 opinions
- State v. LuceroNew Mexico Court of Appeals · 1975
- State v. GunterNew Mexico Court of Appeals · 1974
- State v. GunterNew Mexico Court of Appeals · 1974
- State v. LuceroNew Mexico Court of Appeals · 1975
- State v. NewmanNew Mexico Court of Appeals · 2010