Legal Opinion

State v. Tanner

New Mexico Supreme Court

Decided April 7, 1917No. 1903PublishedCited by 11 opinions

Appeal from district Court, Bernalillo County; H. W. Raynolds, Judge. Joseph B. Tanner was indicted for obtaining cattle by false and fraudulent pretenses, his motion to quash the indictment was granted, and the State appeals. STATEMENT OF FACTS.

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Appeal from district Court, Bernalillo County; H. W. Raynolds, Judge. Joseph B. Tanner was indicted for obtaining cattle by false and fraudulent pretenses, his motion to quash the indictment was granted, and the State appeals. STATEMENT OF FACTS. The substance of the indictment returned against the appellee in the district court of Bernalillo county is-that Joseph B. Tanner on the 15th day of June, 1912, did unlawfully, willfully, feloniously, falsely, iraduRently, designedly, by false and fradulent representations and pretenses, by trick and deception, and by means of a check, cheat and…

1Opinion of the Court

OPINION OF THE COURT.

IIANNA, C. J.

(after stating the facts as above). It does not appear under what section of the statutes of this state the indictment was drawn. There are three sections of the Code of 1915, which are applicable to the facts of the case, and under either of which it is contended by appellant the indictment is sufficient. The sections referred to are 1551, 1553, and 1560. It is not necessary four us to determine at this time under what section the indictment was drawn, as the only question presented for our consideration is the question of law, which, as stated in the brief…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. People v. OrrisSupreme Court of Colorado · 1912
  2. Smith v. . the PeopleNew York Court of Appeals · 1872

3Cited by11 opinions

  1. Saylor v. VallesNew Mexico Court of Appeals · 2002
  2. State v. HigginsNew Mexico Court of Appeals · 1988
  3. State v. HornbeckNew Mexico Court of Appeals · 2008
  4. State v. LarsenIdaho Supreme Court · 1955
  5. State v. LiberoNew Mexico Court of Appeals · 1978

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