State v. Ybarra
New Mexico Supreme Court
Appeal from District Court, Grant County; Ryan, Judge. Pablo Ybarra, was- convicted of murder in tbe first degree, and he appeals. Mere fact that defendant killed another does not prove deliberation and premeditation.
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Appeal from District Court, Grant County; Ryan, Judge. Pablo Ybarra, was- convicted of murder in tbe first degree, and he appeals. Mere fact that defendant killed another does not prove deliberation and premeditation. Terr. v. Baca, 11 N. M. 559; State v. Lane, 64 Mo. 319; People v. Gibson1, 17 Cal. 283; Farrar v. State, 42 Tes. 265; State v. Silk, 145 Mo. 240; McDaniel v. Comm., 77 Ya. 281; Wharton on Homicide, Sec. 149. If witness does not understand nature and obligation of oath, he is not qualified to testify. Sec. 2165, Code 1915; Terr. v. DeGutman, 8 N. M. 92; Curtis v. Strong, 4 Day…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
Appellant was convicted of murder in the first degree, and appeals. Counsel who represented him in the court below, by appointment, having •enlisted in the United States Army, this court requested Hon. A. B. Renehan of Santa Fe to brief the case in this court.- In this work he was assisted by Carl H. Gilbert, also of Santa Fe.
Counsel argue that the judgment should be reversed on three grounds: First, because there was no evidence from which it could be properly inferred that the homicide was either premeditatedly or deliberately committed; second, that the…
2Cited by14 opinions
- State v. ManloveNew Mexico Court of Appeals · 1968
- Tomlinson v. StateNew Mexico Supreme Court · 1982
- State v. ArcherNew Mexico Supreme Court · 1927
- State v. FerrariNew Mexico Supreme Court · 1969
- State v. HerreraNew Mexico Supreme Court · 1985
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