Territory of New Mexico v. Lobato
New Mexico Supreme Court
Appeal from District Court, Taos County. Insufficiency of indictment. People v. Wallace, 9 Cal. 31; 1 Wharton Crim. PI. and Pr., 85; Edmondson v. State, 41 Tex. 496. Former jeopardy. State v. Robinson, 46 La.
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Appeal from District Court, Taos County. Insufficiency of indictment. People v. Wallace, 9 Cal. 31; 1 Wharton Crim. PI. and Pr., 85; Edmondson v. State, 41 Tex. 496. Former jeopardy. State v. Robinson, 46 La. Annual 769; People v. Arnett, 61 Pac. 930; State v. Moses, 139' Mo. 217; State v. Ganigues, 1 Hayw. 241; Cooley on Constitutional Limitations (6tli ed.); People v. Robert Gage, 48 Cal. 323; O’Brien v. Commonwealth, 9 Bush. 333; Miller v. State, 8 Ind. 325; McCorkle v. State, 14 Ind. 40; Commonwealth v. Cook, 6 S. & R. 577; Commonwealth v. Clue, 3 Rawles R. 501; In re Spier, 1 Dever 491;…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
— Appellant relies upon six grounds of error, for a reversal of this cause, which we will discuss in the order presented.
The first contention urged is that the court erred in •overruling the demurrer to- the indictment. Several grounds of demurrer were stated, but appellant here urges for consideration onty the following:
“Said indictment does not charge that deceased died of the mortal wounds alleged to have been inflicted by the •defendant.” The same objection was also raised by motion in arrest of judgment. That portion of the indictment, necessary to set…
2Cases cited13 opinions
- United States v. BallSupreme Court of the United States · 1896
- People v. BennettCalifornia Supreme Court · 1896
- Edmondson v. StateTexas Supreme Court · 1874
- Palmer v. PeopleIllinois Supreme Court · 1891
- State v. BlanSupreme Court of Missouri · 1879
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. HeislerNew Mexico Supreme Court · 1954
- State v. McCarterNew Mexico Supreme Court · 1980
- State v. SanchezNew Mexico Supreme Court · 1954
- Bunton v. HullNew Mexico Supreme Court · 1947
- State v. NietoNew Mexico Supreme Court · 1967
9 more not listed; retrieve them via the Exa API.