State v. Smith
New Mexico Supreme Court
Appeal from District Court, Socorro County; M. C. Mechem, Judge. 0. W. Smith was convicted of murder in the second degree, and he appeals. Evidence showed appellant g-uilty of first degree murder or not guilty. As to what constitutes murder of first and second degree, see “Lying in wait,” 2 Bouv. L. Diet.; 2 Bish Cr. L., Sec. 727; Riley v. State, 9 Hump.
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Appeal from District Court, Socorro County; M. C. Mechem, Judge. 0. W. Smith was convicted of murder in the second degree, and he appeals. Evidence showed appellant g-uilty of first degree murder or not guilty. As to what constitutes murder of first and second degree, see “Lying in wait,” 2 Bouv. L. Diet.; 2 Bish Cr. L., Sec. 727; Riley v. State, 9 Hump. (Tenn.) 647, 660, 661; State v. Tyler, 122 Iowa 125, 97 N. W: 983; People v. Sanchez, 24 Cal. 17, 28, 29; Sec. 1, C. 36, L. 1907; State v. Granado, 17 N. M. 542, 44, 45. Instruction on degree not sustained by evidence is improper. Territory…
1Opinion of the Court
OPINION OF THE COURT.
RAYNOLDS, J.
Upon filing of the former opinion a motion for rehearing was made. On account of the importance of the subject we have deemed it advisable to withdraw the former opinion and reconsider the entire case.
Appellant, defendant below, was indicted at the September, 1918, term of the district court of Socorro county for the murder of Fred Richards; the indictment being in the usual form and charging first degree murder.
At the trial the evidence on both sides showed that defendant and deceased owned adjoining ranches on Mineral creek in said county, defendant’s being…
2Cases cited5 opinions
- People v. BealobaCalifornia Supreme Court · 1861
- United States v. KingU.S. Circuit Court for the District of Eastern New York · 1888
- State v. DunnSupreme Court of Missouri · 1853
- Watkins v. CommonwealthCourt of Appeals of Kentucky · 1912
- State v. GranadoNew Mexico Supreme Court · 1913
3Cited by40 opinions
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
- State v. GarciaNew Mexico Supreme Court · 1992
- State v. SalazarNew Mexico Supreme Court · 1997
- State v. CoffinNew Mexico Supreme Court · 1999
- State v. MooreNew Mexico Supreme Court · 1938
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