State v. Cabodi
New Mexico Supreme Court
Appeal from the District Court of McKinley County; Herbert F. Raynolds, District Judge; Indictment does not charge the crime of murder in the first degree. Session Laws, 37th Legislative Assembly, ■ch. 36, sec. 1. No person, who is not a member of the jury, may be present during their deliberations. State v. Sherbourse, 1 Dudley (Ga.) 28; Starling v. Thorne, 87 Ga. 513; Welch v. Taverner, 87 la. 207; Tarkington v. State, 72 Miss. 731; McElrath v. State, 2 Swan.
Read the full summary
Appeal from the District Court of McKinley County; Herbert F. Raynolds, District Judge; Indictment does not charge the crime of murder in the first degree. Session Laws, 37th Legislative Assembly, ■ch. 36, sec. 1. No person, who is not a member of the jury, may be present during their deliberations. State v. Sherbourse, 1 Dudley (Ga.) 28; Starling v. Thorne, 87 Ga. 513; Welch v. Taverner, 87 la. 207; Tarkington v. State, 72 Miss. 731; McElrath v. State, 2 Swan. (Tenn.) 382; Clapp v. State, 94 Tenn. 186; Wright v. State, 17 Tex. App. 152; State v. Cartwright, 20 W. Va. 32. The testimony of…
1Opinion of the Court
OPINION OP THE COURT.
BOBEBTS, C. J.
Appellant, John Cabodi, was convicted in the District Court of McKinley County, of murder in the first degree and was sentenced to death. From the judgment he appeals to this Court and presents five propositions upon which he relies for a reversal of the cause. The errors relied upon will be considered in the order presented.
The Session Laws of 1907, as compiled and printed by the Secretary of the Territory, defines murder in the first degree as follows :■—
“All murder which shall be perpetrated by means of poison or lying in wait, torture, or by any kind of…
2Cases cited2 opinions
- Smith v. Territory of OklahomaSupreme Court of Oklahoma · 1904
- State v. DuffieldWest Virginia Supreme Court · 1901
3Cited by5 opinions
- State v. RoyNew Mexico Supreme Court · 1936
- People v. WalkerCalifornia Court of Appeal · 1924
- United States v. SmithUnited States Court of Military Appeals · 1963
- State v. SilvaNew Mexico Court of Appeals · 1967
- State v. EmbreyNew Mexico Supreme Court · 1956