Chavez v. Territory
New Mexico Supreme Court
Error, from a judgment convicting defendants of larceny, to the Second Judicial District Court, Valencia County. The facts are stated in the opinion of the court. Huning’s testimony that he was the owner of the circle H brand is in violation of the statutes. Comp.
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Error, from a judgment convicting defendants of larceny, to the Second Judicial District Court, Valencia County. The facts are stated in the opinion of the court. Huning’s testimony that he was the owner of the circle H brand is in violation of the statutes. Comp. Laws, 1884, secs. 54, 55, 57, 64, 65. The sections of the statutes cited above provide that ‘ ‘ no evidence of ownership by brands shall be permitted in any court in this territory unless the brands shall have been recorded;” that in all suits at law and in equity, and in all criminal proceedings, when the title of any stock is…
1Opinion of the CourtMcFie, J.
The defendants were indicted at the September term, 1891, of the district court for Valencia county, charged with the larceny of a steer, property of one Louis Huning. Upon a trial had at the February term, 1892, a verdict of guilty was rendered as to both defendants. The defendants were sentenced to imprisonment in the territorial penitentiary for one year each, and have appealed to this court to secure a reversal of the judgment of the court below. The ownership of the property was alleged to be in one Louis Huning. On the trial the prosecution offered in evidence a record of the “ Circle…
2Cases cited1 opinion
- Poage v. StateTexas Supreme Court · 1875
3Cited by5 opinions
- People v. BrighamCalifornia Supreme Court · 1979
- State v. BealNew Mexico Supreme Court · 1944
- Carter v. Burn Construction Company, Inc.New Mexico Court of Appeals · 1973
- People v. BrighamCalifornia Supreme Court · 1979
- State v. MaxwellNew Mexico Court of Appeals · 2016