State v. Bailey
New Mexico Supreme Court
Appeal from District Court, Grant County; R. R. Ryan, Judge. Sylvester E. Bailey was convicted of murder in the first degree, and he appeals. “Threats, which are too general or too indefinite, not connecting the person slain or assaulted, therewith, are inad-missable. It seems that the threat must in some way designate or have reference to the person intended to be injured.” Michie on Homicide, vol. 1, p. 757, and the authorities cited thereunder.
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Appeal from District Court, Grant County; R. R. Ryan, Judge. Sylvester E. Bailey was convicted of murder in the first degree, and he appeals. “Threats, which are too general or too indefinite, not connecting the person slain or assaulted, therewith, are inad-missable. It seems that the threat must in some way designate or have reference to the person intended to be injured.” Michie on Homicide, vol. 1, p. 757, and the authorities cited thereunder. And speaking of a case very much like the case at bar the Supreme Court of Missouri said : “Deceased statement that ‘the first nigger that fools…
1Opinion of the Court
OPINION OF THE COURT.
RAYNOLDS, J.
The appellant, Sylvester E. Bailey, was indicted at the March, 1919, term of the district court for Grant county, N. M., for the killing of one James N. Bedore, and a verdict of murder in the first degree was returned by the jury. Appellant filed a motion for a new trial, which was overruled and the appellant sentenced to be executed Friday, April 25, 1919. From the verdict and sentence appeal is taken to this court.
At the time of the homicide in question, the appellant was a prospector and miner living on his mining claim at a place called Vanadium, situated…
2Cases cited9 opinions
- People v. DurrantCalifornia Supreme Court · 1897
- State v. VanceWashington Supreme Court · 1902
- Colbert v. Journal Publishing Co.New Mexico Supreme Court · 1914
- Cunningham v. SpringerNew Mexico Supreme Court · 1905
- State v. PerkinsNew Mexico Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- State v. HargroveNew Mexico Court of Appeals · 1970
- State v. BoyettNew Mexico Supreme Court · 2008
- State v. PedroncelliNew Mexico Supreme Court · 1984
- State v. CouchNew Mexico Supreme Court · 1946
- Pauly Ex Rel. Estate of Pauly v. WhiteCourt of Appeals for the Tenth Circuit · 2016
27 more not listed; retrieve them via the Exa API.