Territory of New Mexico v. McGrath
New Mexico Supreme Court
Appeal from the District Court of Bernalillo County, before Ira A. Abbott, Associate Justice. Where an offense is created by statute, it must be charged in the indictment in the language of the statute, or language of equivalent import. Humphreys v. State, 17 Fla. 381; State v. Stiles, 5 La.
Read the full summary
Appeal from the District Court of Bernalillo County, before Ira A. Abbott, Associate Justice. Where an offense is created by statute, it must be charged in the indictment in the language of the statute, or language of equivalent import. Humphreys v. State, 17 Fla. 381; State v. Stiles, 5 La. Ann. 324; State v. Will, 2 Brev. 252, S. Ca.; State v. Morse, 1 Green 503, Iowa; State v. Fleetwood, 16 Mo. 448; State v. Ellis, 4 Mo. 474; Vaughn v. State, 4 Mo. 530; 25 Tex. 420; 10 Ark. 607; 18 Ark. 195; 4 Met. 357, Mass.; 19 Arg. 405; 2 Gray 356, Mass.; 4 Port. 395, Ala.; 6 R. I. 76; State v.…
1Opinion of the Court
OPINION OF THE COURT.
MECHEM, J.
The indictment in this case contains two. counts. By the first count it is charged that the defendant “did set up and keep a house of prostitution and ill fame at, and within, the city of Albuquerque.” Then follow averments descriptive in common law pleading of a house of prostitution, at considerable length, and concluding with, the averments that said house of prostitution was so kept and set up within seven hundred feet “of the regular hall and place of meeting and location of Temple Lodge No. 6, Ancient Free and Accepted Masons, being then and there a duly…
2Cases cited5 opinions
- Ledbetter v. United StatesSupreme Court of the United States · 1898
- Armour Packing Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- Thompson v. RiggsSupreme Court of the United States · 1867
- Simonson v. Town of West HarrisonIndiana Court of Appeals · 1892
- In re Application to Revoke & Cancel Liquor Tax Certificate No. 14,111, granted to McCuskerNew York Supreme Court · 1898
3Cited by5 opinions
- Medler v. HenryNew Mexico Supreme Court · 1940
- State v. FernandezNew Mexico Supreme Court · 1952
- State v. HudsonNew Mexico Supreme Court · 1967
- State v. TurnerNew Mexico Court of Appeals · 1970
- State v. RomeroNew Mexico Court of Appeals · 1980