State v. Blancett
New Mexico Supreme Court
Appeal from District Court, Santa Fe County; Abbott, Judge. E. W. Blancett was convicted of homicide and sentenced to death, and he appeals. Edmund C. Abbott was not judge of the district court when jury was drawn, summoned and impaneled, or during the trial of this ease, because he was an officer of tbe national guard, an office incompatible with that of judge.
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Appeal from District Court, Santa Fe County; Abbott, Judge. E. W. Blancett was convicted of homicide and sentenced to death, and he appeals. Edmund C. Abbott was not judge of the district court when jury was drawn, summoned and impaneled, or during the trial of this ease, because he was an officer of tbe national guard, an office incompatible with that of judge. U. S. v. Harsha, 172 U. S. 567; State v. Jamison, 4 L. R. A. 79; 6 R. C. L. 65; 6 R. C. L. 62; art. 3, State Const.; 44 Am. St. 222; State v. Romero, 17 N. M. 81; Wills v. St. Paul, 16 L. R. A. 281; Beard v. City, 23 L. R. A. 402;…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, C. J.
The appellant, E. W. Blancett, was ’ indicted, tried, and convicted in the district court of Santa Fe county for the murder of Clyde D. Armour. From the judgment of the court imposing a sentence of death, the appellant has prayed this appeal, alleging as a first ground of error that Hon. Edmund C. Abbott was- not judge of the district court for Santa Fe county at any time pertaining to the trial of said case.
[1] This assignment of error is based upon .several propositions: First, that at the time of the trial Judge Abbott was a colonel of the New Mexico…
2Cases cited14 opinions
- Sheehan's CaseMassachusetts Supreme Judicial Court · 1877
- People v. DuncanIllinois Supreme Court · 1913
- State v. StarrNew Mexico Supreme Court · 1917
- Oliver v. Mayor of Jersey CitySupreme Court of New Jersey · 1899
- State v. GravesNew Mexico Supreme Court · 1915
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3Cited by34 opinions
- Commonwealth v. GiacobbeSupreme Court of Pennsylvania · 1941
- State v. HeislerNew Mexico Supreme Court · 1954
- MacKool v. StateSupreme Court of Arkansas · 2006
- Kabase v. StateAlabama Court of Appeals · 1943
- Strong v. StateSupreme Court of Arkansas · 2008
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