Legal Opinion

State v. Crosby

New Mexico Supreme Court

Decided April 23, 1920No. 2281PublishedCited by 19 opinions

Appeal from District Court, Chaves County; Richardson, Judge. Stephen Crosby was convicted of manslaughter, and he appeals. There was no evidence justifying- submission of instruction on manslaughter and giving same was prejudicial error.

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Appeal from District Court, Chaves County; Richardson, Judge. Stephen Crosby was convicted of manslaughter, and he appeals. There was no evidence justifying- submission of instruction on manslaughter and giving same was prejudicial error. Territory v. Fewel, 5 N. M. 34; Faulkner v. Territory, 6 N. M. 464; Sandoval v. Terr., 8 N. M. 573; Territory v. Archuleta, 16 N. M. 219; Territory v. Hendricks, 13 N. M. 300; Territory v. .Padilla, 8 N. M. 510; State v. Phillips, 24 Mo. 490; Territory v. Pridemore, 4 N.M. 275; Territory v. Kimmick, 15 N. M. 178; 2 Michie on Homicide; 1688, 1696, 1655;…

1Opinion of the Court

OPINION OP THE COURT.

BAYNOLDS, J.

The defendant, Stephen Crosby, was indicted in Chaves county for the murder of one Julian Shafer on October 14, 1917. At the November term of the district court for said county he ivas found guilty of manslaughter and sentenced. From the verdict and sentence defendant appealed to this court.

The facts out of which this case arose are substantially as follows:

At the time of the killing the deceased, Julian Shafer, was occupying and using school section 36, the section on which the killing occurred. Said section had a fence on the south line and a fence bn the…

2Cases cited5 opinions

  1. State v. SmithNew Mexico Supreme Court · 1921
  2. State v. MillerOregon Supreme Court · 1903
  3. Clay v. StateWyoming Supreme Court · 1906
  4. Steinmeyer v. PeopleIllinois Supreme Court · 1880
  5. United States v. DensmoreNew Mexico Supreme Court · 1904

3Cited by19 opinions

  1. State v. ParishNew Mexico Supreme Court · 1994
  2. Morgan v. StateCourt of Criminal Appeals of Oklahoma · 1975
  3. State v. CummingsNew Mexico Supreme Court · 1953
  4. State v. HortonNew Mexico Supreme Court · 1953
  5. State v. MunozNew Mexico Supreme Court · 1998

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