Legal Opinion
State Ex Rel. Gutierrez v. First Judicial Dist. Court
New Mexico Supreme Court
Decided March 22, 1948No. 5100PublishedCited by 6 opinions
1Opinion of the Court
SADLER, Justice.
The relator seeks by Prohibition against the District Court of the First Judicial District for McKinley County and R. F. Deacon Arledge sitting as Judge thereof an answer to the question whether an accused! in a felony prosecution, upon approval by the court of accused’s waiver of jury trial, may be tried before the court without a jury, notwithstanding the state declines to consent and formally objects thereto.
The accused was about to be placed on trial for the commission of a felony. He formally waived trial before a jury and announced a desire for trial before the court…
2Cases cited16 opinions
- Adams v. United States Ex Rel. McCannSupreme Court of the United States · 1943
- Patton v. United StatesSupreme Court of the United States · 1930
- State v. ShroyerNew Mexico Supreme Court · 1945
- CIT Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1945
- Taylor v. United StatesCourt of Appeals for the Ninth Circuit · 1944
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Peyton v. NordNew Mexico Supreme Court · 1968
- State v. MaresNew Mexico Court of Appeals · 1979
- State v. SouthardSupreme Court of Connecticut · 1983
- State v. BrillNew Mexico Court of Appeals · 1970
- In re Christopher K.New Mexico Court of Appeals · 1999
1 more not listed; retrieve them via the Exa API.