Territory of New Mexico v. Neatherlin
New Mexico Supreme Court
Appeal from the district court of Roosevelt county, before W. H. Pore, Associate Justice. The rule is well settled that where the degree or grade of punishment depends upon the value of the property stolen or concealed, the value of said property must be properly proved on the trial of the case, and that the jury by their verdict must find what the value of the property really is.
Read the full summary
Appeal from the district court of Roosevelt county, before W. H. Pore, Associate Justice. The rule is well settled that where the degree or grade of punishment depends upon the value of the property stolen or concealed, the value of said property must be properly proved on the trial of the case, and that the jury by their verdict must find what the value of the property really is. Supporting this, see Bishop’s, New Criminal Procedure, volume 1, section 488 b, paragraph 2, under the head of "Value.” See also'Sayers v. People, 8 111. 53; 23 Ency. PI. & Pr. 874, note. The same principle and the…
1Opinion of the Court
OPINION OF THE COURT.
ABBOTT, J.
— The essential facts are stated in the opinion.
The defendant was found guilty by a jury, in December, 1904, in the district court for Boosevelt county,
oil the second count of an indictment, charging that he, “unlawfully, feloniously and knowingly did buy, receive and aid in the concealment of two horses of the value of twenty dollars each of the goods and chattels and property of one Oscar Anderson,” “the said Jake Neatherlin then and there well knowing the same to have been stolen.” The first count of the indictment charged the defendant with the larceny of…
2Cases cited2 opinions
- Gatling v. NewellIndiana Supreme Court · 1857
- Harrison v. . GloverNew York Court of Appeals · 1878
3Cited by5 opinions
- State v. ArmijoNew Mexico Court of Appeals · 1976
- State v. FarrisNew Mexico Court of Appeals · 1970
- State v. HollowellNew Mexico Court of Appeals · 1969
- State v. HollowellNew Mexico Court of Appeals · 1969
- State v. RobinsonNew Mexico Court of Appeals · 1972