Gonzales y Borrego v. Territory of New Mexico
New Mexico Supreme Court
Error, from a judgment of conviction for murder, to the First Judicial District Court, Santa Fe County. The facts are stated in the opinion of the court. The judgments of the district courts of this territory, in criminal cases, are reviewable in the supreme court of the territory by writ of error. Rev. Stats., U. S., secs. 1868, 1869; Rice v. Rex, Cro.
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Error, from a judgment of conviction for murder, to the First Judicial District Court, Santa Fe County. The facts are stated in the opinion of the court. The judgments of the district courts of this territory, in criminal cases, are reviewable in the supreme court of the territory by writ of error. Rev. Stats., U. S., secs. 1868, 1869; Rice v. Rex, Cro. Jac. 404; Rex v. Seton, 7 T. R. 373; Rex v. West Riding, etc., Id. 467; Reg v. Carlisle, 2 B. & Ad. 971; State v. Shepard, 37 Wis. 395; Rex v. Earberry, Fort, 37; 1 Bish. Crim. Proc. [N. Ed.], sec. 1362; Comp. Laws, secs. 2194, 2199; U. S. v.…
1Opinion of the CourtSmith, C. J.
This case was brought up to this court from the district court of the county of Santa Ee by writ of error. It is now before us upon motion by the territory through its solicitor general, to quash the writ of error and affirm the judgment of the court below for the alleged reason that appeal is the only process by which criminal cases can be brought up from the district courts to this court for review.
„ ... “ourtsbVwdtof cases! st°ay”fnal execution. The organic act authorizes the review of the judgment by writ of error. This motion presents the question: Are the judgments of the district…
2Cases cited11 opinions
- Sanders v. StateIndiana Supreme Court · 1882
- State v. PagelsSupreme Court of Missouri · 1887
- Kitchen v. RandolphSupreme Court of the United States · 1876
- Holford v. AlexanderSupreme Court of Alabama · 1847
- McKinney v. Western Stage Co.Supreme Court of Iowa · 1857
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3Cited by8 opinions
- State v. HargroveNew Mexico Court of Appeals · 1970
- State v. TurnerNew Mexico Court of Appeals · 1970
- State v. HatleyNew Mexico Supreme Court · 1963
- State v. HoldenNew Mexico Supreme Court · 1941
- State v. SolizNew Mexico Supreme Court · 1968
3 more not listed; retrieve them via the Exa API.