State v. Leatherwood
New Mexico Supreme Court
Appeal from District Court, Mora County; Leahy, Judge. Baylor Leatherwood was convicted of murder in the second degree, and he appeals. Court erred with respect to selection of jurors.
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Appeal from District Court, Mora County; Leahy, Judge. Baylor Leatherwood was convicted of murder in the second degree, and he appeals. Court erred with respect to selection of jurors. Chapter 93, Laws 1917; State v. Bailes, 24 N. M. 16; Clinton v. Engelbrecht, 17 Wall. 434; Terr. v. Prather, 18 N. M. 195; Hildreth v. Troy, 101 N. Y. 234; Teat v. Land, 135 La. 782, 66 So. 199; People v. Murray, 85 Cal. 350, 24 Pae. 666. After acceptance of a juror a peremptory challenge cannot be interposed. Com. v. Rogers, 7-Mete. (Mass.) 500; State v. Hays, 23 Mo. 287; Smith v. Brown, 8 Kan. 609; State v.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
Appellant was convicted of the crime of murder in the second degree, and appeals.
The first two errors assigned relate to the petit jury. There had been a murder case tried immediately preceding the impaneling of the jury in the present case, which resulted in a verdict of acquittal. Five of the regular panel of the jury for the term sat in the trial of the case referred to. The court, after excluding all members of the regular panel from the courtroom, except the five who sat in the trial of that case, .excused the five jurors from further service during the…
2Cases cited7 opinions
- Hildreth v. . City of TroyNew York Court of Appeals · 1886
- People v. SearceyCalifornia Supreme Court · 1898
- People v. HarrisCalifornia Court of Appeal · 1920
- McDonald v. StateIndiana Supreme Court · 1909
- Stevens v. Union Railroad CompanySupreme Court of Rhode Island · 1904
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3Cited by13 opinions
- State v. WilliamsNew Mexico Supreme Court · 1966
- State v. ViolettSouth Dakota Supreme Court · 1961
- Beal v. Southern Union Gas Co.New Mexico Supreme Court · 1960
- State v. GonzalesNew Mexico Court of Appeals · 1971
- State v. GunthorpeNew Mexico Court of Appeals · 1970
8 more not listed; retrieve them via the Exa API.