Territory v. Edie
New Mexico Supreme Court
Appeal, from a judgment convicting defendant of rape, from the Second Judicial District Court, Bernalillo County. Thé facts are stated in the opinion of the court. Where the statute defines several distinct offenses, and the indictment covers only one of such offenses, it is error to embody the entire statute in the charge. Miller v. State, 18 S. W. Rep. (Tex. App.) 197; Jones y. State, 3 Id.
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Appeal, from a judgment convicting defendant of rape, from the Second Judicial District Court, Bernalillo County. Thé facts are stated in the opinion of the court. Where the statute defines several distinct offenses, and the indictment covers only one of such offenses, it is error to embody the entire statute in the charge. Miller v. State, 18 S. W. Rep. (Tex. App.) 197; Jones y. State, 3 Id. (Texas) 478; Proffat on Jury Trials, sec. 329. There was a total failure of proof upon the second count, and it was error to let the case go to the jury on that count. Endlich on Int. Statutes, sec. 329,…
1Opinion of the CourtO’Brien, J.
V. P. Edie was indicted for rape at the March term, 1891, of the district court for Bernalillo county; pleaded not guilty; was tried, convicted, and sentenced to the penitentiary for the period of five years. A motion for a new trial was made and denied, and the defendant appealed from the judgment. The indictment was drawn under the provisions of section 1, chapter 24, Laws, 1887, and contains two counts. The first count charges that the crime was committed by forcibly overcoming the resistance of the prosecutrix; and the second that it was committed by administering wine, an intoxicating…
2Cases cited4 opinions
- L.A. All. for Survival v. City of Los AngelesCalifornia Supreme Court · 2000
- Bailey v. CommonwealthSupreme Court of Virginia · 1886
- People v. BoggsCalifornia Supreme Court · 1862
- People v. Ah LoyCalifornia Supreme Court · 1858
3Cited by6 opinions
- State v. BealNew Mexico Supreme Court · 1944
- State v. RichardsonNew Mexico Supreme Court · 1944
- State v. WaltonNew Mexico Supreme Court · 1939
- State v. EvansNew Mexico Supreme Court · 1944
- State v. FoleyNew Mexico Supreme Court · 1951
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