State v. Roberts
New Mexico Supreme Court
Appeal from tlie District Court-of San Miguel County; David J. Leahy, District Judge; Indictment is defective for the reason that it does not allege that the owner was deprived of the possession of the animal in question. Alwin v. Morley, 108 Pac. 778; Territor3 v. Cortez, 103 Pac. 264. Proof of ownership, must be positive. • 25 Cyc. 125; Schaubert v. State, 12 S. W.-732; Crockett v. .State, 14 Tex.
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Appeal from tlie District Court-of San Miguel County; David J. Leahy, District Judge; Indictment is defective for the reason that it does not allege that the owner was deprived of the possession of the animal in question. Alwin v. Morley, 108 Pac. 778; Territor3 v. Cortez, 103 Pac. 264. Proof of ownership, must be positive. • 25 Cyc. 125; Schaubert v. State, 12 S. W.-732; Crockett v. .State, 14 Tex. App. 226. Identification of the parties accused should be positive and complete. People v. Ong Git, 111 Pac. 630; People v. Williams, et al., 242 111. 197; Moore on Facts, vol. II, page 1367,…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J. —
Omitting the formal parts, the indictment to which defendants pleaded not guilty, and upon which they were tried and convicted, reads as follows :
1 “That Louis Roberts, and John Lumpkin, late of the County of San Miguel, State of New Mexico, on the 28th day of July, in the year of Our Lord One Thousand Nine Hundred and Twelve, at the County of San Miguel aforesaid; one head of neat cattle of the value of fifteen dollars of the property of the Red River Valley Company, then and there being, unlawfully and feloniously did take, steal and knowingly drive…
2Cases cited1 opinion
- State v. McGaheyNorth Dakota Supreme Court · 1893
3Cited by11 opinions
- State v. BazanNew Mexico Court of Appeals · 1977
- Mintz v. Premier Cab Ass'nCourt of Appeals for the D.C. Circuit · 1942
- State v. LovatoNew Mexico Court of Appeals · 1978
- State v. AnchetaNew Mexico Supreme Court · 1915
- Wood Ex Rel. Wood v. DwyerNew Mexico Court of Appeals · 1973
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