Legal Opinion

Territory of New Mexico v. Valencia

New Mexico Supreme Court

Decided January 24, 1881PublishedCited by 2 opinions

Appeal from the First Judicial District, Taos county. Prince, J. The appellant in this case is charged with assault and battery. The case originated before a justice of the peace within and for Taos county ; was appealed to district court, where defendant was found guilty. It is brought here on appeal.

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Appeal from the First Judicial District, Taos county. Prince, J. The appellant in this case is charged with assault and battery. The case originated before a justice of the peace within and for Taos county ; was appealed to district court, where defendant was found guilty. It is brought here on appeal. Appellant claims that, from errors manifest on the face of the record, neither the justice of' the peace nor the district court had jurisdiction. 1st.' The complaint is a species of legal nondescript attempting to charge assault and battery, and at the same time seeking to recover damages for…

1Opinion of the Court

Bristol, Associate Justice:

This is a criminal prosecution for assault and battery commenced by the territoiy against Luis Valencia, the defendant below and appellant here, before a justice of the peace of Taos county.

The defendant was tried by a jury, convicted and sentenced in the justice’s court to pay a fine of $10, and judgment was rendered in that court for such fine and costs.

The complaint on which the defendant was arrested, tried and convicted before the justice of the peace is as follows:

“TERRITORY OE MEXICO, } County of Taos. ;
“ According to and under the oath of Julian Martines,…

2Cases cited4 opinions

  1. Bridge v. FordMassachusetts Supreme Judicial Court · 1808
  2. Bigelow v. StearnsNew York Supreme Court · 1821
  3. Young v. WrightWisconsin Supreme Court · 1856
  4. Straughan v. IngeIndiana Supreme Court · 1854

3Cited by2 opinions

  1. Bell v. BeckNew Mexico Supreme Court · 1939
  2. Puckett v. WalzNew Mexico Supreme Court · 1937

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