Territory of New Mexico v. Lermo
New Mexico Supreme Court
Appeal, from a judgment of conviction for murder, from the Fifth Judicial District Court, Eddy County. Collier, J., and Bantz and Hamilton, JJ., concurring in the result.- The facts are stated in the opinion of the court.
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Appeal, from a judgment of conviction for murder, from the Fifth Judicial District Court, Eddy County. Collier, J., and Bantz and Hamilton, JJ., concurring in the result.- The facts are stated in the opinion of the court. While the precise question may not have been at issue there, it was strongly intimated by this court in a recent decision that it understood the rule to be that a defendant in a capital case could not be required to exercise his peremptory challenges on a body composed of less than twelve jurors or a full panel. Territory v. Barrett, 8 N. M. 70. The court erred in refusing…
1Opinion of the CourtLaughlin, J.
The defendant, Agustín Lermo, was indicted, tried and convicted of murder in the first degree, at the November, 1895, term of the district court for the county of Eddy in this territory, on the charge of having on the ninth day of May, 1894, shot and killed Assaa Toma. After motions for a new trial and in arrest of judgment had been heard by the court and denied, the defendant was sentenced to be executed in the manner prescribed by the law; from which rulings of the court an appeal was prayed and granted, and the case is here, for determination on the alleged errors in the court below.
The…
2Cases cited3 opinions
- People v. PhippsCalifornia Supreme Court · 1870
- People v. MurrayCalifornia Supreme Court · 1871
- Dossett v. United StatesSupreme Court of Oklahoma · 1895
3Cited by5 opinions
- State v. RiceNew Mexico Supreme Court · 1954
- State v. SealNew Mexico Supreme Court · 1965
- State v. FloresNew Mexico Supreme Court · 1966
- State v. FrederickNew Mexico Supreme Court · 1964
- State v. MillerNew Mexico Supreme Court · 1937