State v. Perkins
New Mexico Supreme Court
Appeal from District Court, Torrance County; E. L. Medler, Judge. Josiah Perkins and others were convicted of assault witli intent to kill, and appeal. Instruction 10 singles out defendants and is therefore erroneous. Hicks v. H. S., 150 U. S. 442; 12 Cyc. 609; sec. 2994. C. L. 1897; Territory v. Livingston, 13 N. M. 318. The reasonable doubt instruction was erroneous-. State v. Cohen, 108 Iowa, 208, 75 Am.
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Appeal from District Court, Torrance County; E. L. Medler, Judge. Josiah Perkins and others were convicted of assault witli intent to kill, and appeal. Instruction 10 singles out defendants and is therefore erroneous. Hicks v. H. S., 150 U. S. 442; 12 Cyc. 609; sec. 2994. C. L. 1897; Territory v. Livingston, 13 N. M. 318. The reasonable doubt instruction was erroneous-. State v. Cohen, 108 Iowa, 208, 75 Am. St. B. 213; Morgan v. State, 27 N. E. 710; State v. Sauer, 38 N. W. •355; People v. Steubenvoll, 28 N. W. 833; Klyee v. State, 28 So. 827; Avery v. State, 27 So. 505; Cowan v. State, 35 N.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
Appellants were indicted, tried, and convicted in the district court of Torrance county of having assaulted with intent to kill one Josephine Knapp. From the judgment sentencing them to the penitentiary, they appealed, and, the Attorney General confessing error, the cause was reversed and remanded for a new trial. Upon the second trial they were again convicted and sentenced, and prosecute this appeal.
[1] Many alleged errors are assigned, not all of which need be considered, as the practice in this jurisdiction is already well settled as to the points…
2Cases cited2 opinions
- Hopt v. UtahSupreme Court of the United States · 1887
- State v. SmithNew Mexico Supreme Court · 1915
3Cited by18 opinions
- State v. HargroveNew Mexico Court of Appeals · 1970
- State v. MartinezNew Mexico Supreme Court · 2008
- State v. BaileyNew Mexico Supreme Court · 1921
- State v. ParksNew Mexico Supreme Court · 1919
- State v. ArcherNew Mexico Supreme Court · 1927
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