Legal Opinion

Territory of New Mexico v. Gonzales

New Mexico Supreme Court

Decided February 24, 1905No. 1082PublishedCited by 2 opinions

Appeal from the district court of Santa Fe county, before John B. McFie, Associate Justice. In criminal cases arraignment and pleá are absolutely necessary. The object of arraignment and plea is to obtain an issue which constitutes a point for a jury ti decide upon, and they must appear upon the record.

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Appeal from the district court of Santa Fe county, before John B. McFie, Associate Justice. In criminal cases arraignment and pleá are absolutely necessary. The object of arraignment and plea is to obtain an issue which constitutes a point for a jury ti decide upon, and they must appear upon the record. Browning v. State, 54 Neb. 203; Brown v. State, 98 Ala. 85; People v. Corbett, 28 Cal. 330 and 331; Brown v. State,' 108 Inch 413; Parkinson v. People, 135 111. 402; State v. Hunter, 43 La. Ann. 159; Wilson v. State, 42 Miss. 641; McFarland y. State, 18 Tex. App. 314; Flick v. Territory, 1…

1Opinion of the Court

OPINION OP THE COURT.

ABBOTT, J.

— It was essential to a valid trial that in some way there should be an issue between the Territory and the appellant, and without a plea, in the absence of the statutory provisions to the contrary, there could be no issue.'

1 2 This principle is stated by Bishop in Yol. 1, New Criminal Proc., Sec. 733, and is abundantly sustained by the decisions. Crane v. United States, 162 U. S. 643, and cases cited. It is contended in behalf of the Territory that by going to trial without objection after his demurrer was overruled, the appellant should be held to have waived…

2Cases cited1 opinion

  1. Lanphere v. StateWisconsin Supreme Court · 1902

3Cited by2 opinions

  1. State v. PadillaNew Mexico Court of Appeals · 1975
  2. State v. PadillaNew Mexico Court of Appeals · 1975

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