Legal Opinion

Territory of New Mexico v. Harwood

New Mexico Supreme Court

Decided August 9, 1910No. 1298PublishedCited by 3 opinions

Appeal from, the District Court for Valencia County before Ira A. Abbott, Associate Justice. Chapter 32, Laws of 1876, repeals the penal provision of Chapter 31, Laws of 1876. C. L., secs. 1427, 1430; 4 Words and Phrases 3748; 8 Words and Phrases 7332; Bishop on Marriage and Divorce, 6 ed., sec. 105; 1 Lewis Suth. Stat. Cons., 2 ed., sec. 251; Norris v. Crooker, 13 How. 429, 13 L. ed. 210; TJ.

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Appeal from, the District Court for Valencia County before Ira A. Abbott, Associate Justice. Chapter 32, Laws of 1876, repeals the penal provision of Chapter 31, Laws of 1876. C. L., secs. 1427, 1430; 4 Words and Phrases 3748; 8 Words and Phrases 7332; Bishop on Marriage and Divorce, 6 ed., sec. 105; 1 Lewis Suth. Stat. Cons., 2 ed., sec. 251; Norris v. Crooker, 13 How. 429, 13 L. ed. 210; TJ. S. v. Tyner, 11 Wall. 88, 20 L. ed. 153; Nichols v. Squire, 5 Pick., Mass. 168; People v. Tisdale, 57 Calif. 104; State v. Massey, 103 N. C. 356; 9 S. E. Rep 632. If there was no legal evidence to…

1Opinion of the Court

OPINION OF THE COURT.

POPE, C. J.

The defendant Harwood was indicted for unlawfully uniting in marriage a female under the age of fifteen years. From a sentence, following a conviction and the overruling of the usual motions, he has appealed.

The first assignment of error is that the indictment states no offense.' This proceeds upon the contention that the penal provisions of the statute under which the proceedings were brought have been repealed. The indictment is under Chapter 31 of the laws of 1876 appearing as Comp. Laws, Sections 1426 to 1430. Sections 2 and 3 of that act (C. L. Sec. 1426…

2Cases cited9 opinions

  1. State v. BradySupreme Court of Iowa · 1896
  2. Bates v. PrebleSupreme Court of the United States · 1894
  3. Curtis v. BradleySupreme Court of Connecticut · 1894
  4. Lipscomb v. LyonNebraska Supreme Court · 1886
  5. Mims v. SturdevantSupreme Court of Alabama · 1860

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3Cited by3 opinions

  1. State v. BazanNew Mexico Court of Appeals · 1977
  2. State v. BarberNew Mexico Court of Appeals · 1978
  3. State v. ApodacaNew Mexico Supreme Court · 1938

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