Mares v. Territory of New Mexico
New Mexico Supreme Court
Appeal from a judgment of the District Court of San Miguel County, convicting defendant of rape. Statement of the case by the court. The rape complained of appears from the testimony of the prosecutrix to have taken place after seven o’clock in the morning, in the early part of December, after daylight, in a butcher shop, where the prosecutrix had gone for the purpose of trading.
Read the full summary
Appeal from a judgment of the District Court of San Miguel County, convicting defendant of rape. Statement of the case by the court. The rape complained of appears from the testimony of the prosecutrix to have taken place after seven o’clock in the morning, in the early part of December, after daylight, in a butcher shop, where the prosecutrix had gone for the purpose of trading. The butcher shop was on one of the principal streets in the City of Las Vegas, and consisted of a main business room 22x24 feet, and a small adjoining room 7x7 feet. The front of the shop came up to the sidewalk and…
1Opinion of the CourtMcMILLAN, J.
On a conviction of rape, where there is no corroborating evidence, nor a- single corroborating circumstance, and where none of the incidents testified to as attending the commission of the offense are within the domain of reasonable probability, the affirmance of the conviction would be to establish a dangerous precedent.
We are of the opinion that there is not sufficient evidence on the part of the prosecution to justify this conviction. There should be some corroborating evidence or circumstance, however slight, or a reasonable probability of the truth of the assault, to justify a verdict of…
2Cases cited7 opinions
- People v. . O'SullivanNew York Court of Appeals · 1887
- People v. DawellMichigan Supreme Court · 1872
- State v. BurgdorfSupreme Court of Missouri · 1873
- State v. ConnellySupreme Court of Minnesota · 1894
- Topolanck v. StateTexas Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ewing v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- State v. ShultsNew Mexico Supreme Court · 1938
- State v. WaltonNew Mexico Supreme Court · 1939
- State v. CarrilloNew Mexico Court of Appeals · 1970
- State v. ShouseNew Mexico Supreme Court · 1953
3 more not listed; retrieve them via the Exa API.