State v. Padilla
New Mexico Supreme Court
Appeal from the District Court of Colfax County; Thomas D. Leib, District Judge; affirmed. Proof of burglary is without foundation. Little v. Commonwealth, 152 S. W. 569. Court invaded the province of the jury because it precluded from the jury the consideration of any defence, except that of alibi.
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Appeal from the District Court of Colfax County; Thomas D. Leib, District Judge; affirmed. Proof of burglary is without foundation. Little v. Commonwealth, 152 S. W. 569. Court invaded the province of the jury because it precluded from the jury the consideration of any defence, except that of alibi. Court should have requested instruction as to how the defendant came into possession of the property. 6 Cyc. 254; State v. Dashman, 55 S. W. 69; Torres v. State, 55 S. W. 828; Haj^es v. State, 35 S. W. 983; William v. State, 33 S.'W. 371; Bley v. State, 13 S. W. 998; Considine v. U. S., 112 Bed.…
1Opinion of the Court
OPINION OP THE COURT.
NEBLETT, D. J.
Appellant was indicted by the grand jury of Colfax County for breaking and entering the shop of Max Karlsruher in the night time with intent to commit larceny therein, and was tried in the District Court of said County and found guilty as charged in the indictment and sentenced by the court to imprisonment in the State penitentiary for not less than two- years nor more than, three years and to pay the costs of his prosecution.
1 It is urged by appellant in his brief that instructions numbered 6 and 7 given by the court of its own motion at. the trial of this…
2Cases cited2 opinions
- State v. EakerNew Mexico Supreme Court · 1913
- State v. LuceroNew Mexico Supreme Court · 1913
3Cited by9 opinions
- State v. FuentesNew Mexico Supreme Court · 1960
- State v. RomeroNew Mexico Supreme Court · 1938
- State v. FuentesNew Mexico Supreme Court · 1959
- State v. WalkerNew Mexico Supreme Court · 1950
- Laws v. PyeattNew Mexico Supreme Court · 1935
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