Legal Opinion

Ex Parte Kelley

New Mexico Supreme Court

Decided February 11, 1953No. 5551PublishedCited by 6 opinions

1Opinion of the Court

SADLER, Chief Justice.

We are asked to determine whether an information charging rape on a female under the age of 16 years, contrary to Section 41-3901, New Mexico Statutes 1941 Annotated, which fails to give the name -of the victim states an offense which will support a conviction. The offense charged was committed in Lea County, New Mexico, on December 20, 1949. Upon arraignment the defendant pleaded guilty ánd was sentenced tO' a term in the state penitentiary from 70 tO‘ 99 years. The information reads:

“In the District Court of Lea County State of New Mexico “State of New Mexico

Plaintiff

VS…

2Cases cited4 opinions

  1. State v. RoyNew Mexico Supreme Court · 1936
  2. People v. BogdanoffNew York Court of Appeals · 1930
  3. State v. ShroyerNew Mexico Supreme Court · 1945
  4. State v. WilliamsSupreme Court of Louisiana · 1948

3Cited by6 opinions

  1. State v. RoesslerNew Mexico Supreme Court · 1954
  2. State v. GravesNew Mexico Supreme Court · 1963
  3. State v. BrownNew Mexico Supreme Court · 1963
  4. Roehm v. WoodruffNew Mexico Supreme Court · 1958
  5. State v. WeddleNew Mexico Supreme Court · 1967

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