State v. Barela
New Mexico Supreme Court
Appeal from District Court, Dona County; Medler, Judge. Guillermo Barela and another were convicted of arson, and they .appealed. Testimony tending to show the similarity between foot prints made by appellant’s shoes and prints found near scene of crime was held erroneous in Stokes v. State, 5 Baxt. 30 Rm. R. 72; Cooper v. State, 86 Ala. 610, 11 Am. St. Rep. 393; State v. Jacobs, 5 Jones, 259; Blackwell v. State, 3 Crim. Law Magazine 393; People v. McCoy, 45 ITow.
Read the full summary
Appeal from District Court, Dona County; Medler, Judge. Guillermo Barela and another were convicted of arson, and they .appealed. Testimony tending to show the similarity between foot prints made by appellant’s shoes and prints found near scene of crime was held erroneous in Stokes v. State, 5 Baxt. 30 Rm. R. 72; Cooper v. State, 86 Ala. 610, 11 Am. St. Rep. 393; State v. Jacobs, 5 Jones, 259; Blackwell v. State, 3 Crim. Law Magazine 393; People v. McCoy, 45 ITow. Pr. 216; Day, et al. v. State of Georgia, 63. Ga. 688. Sneli testimony was properly admitted. State v. Garrett, 71 N. O. 85, 17…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
The appellants were tried, convicted, and sentenced for the crime of arson, from which judgment they appeal.
The barn of one John Engler, near the town of Las Cruces, was burned. On the following morning Engler summoned the sheriff to come to the place of the fire for the purpose of attempting to identify the perpetrators of the crime. The sheriff, after examining footprints in the vicinity of the place of the fire, followed the tracks therefrom for a distance of about 600 yards, to a point at the side of and near the residence of the appellant Barela. The…
2Cases cited23 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Holt v. United StatesSupreme Court of the United States · 1910
- Adams v. New YorkSupreme Court of the United States · 1904
- State v. HeightSupreme Court of Iowa · 1902
18 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. GutierrezNew Mexico Supreme Court · 1993
- People v. One 1941 Mercury Sedan, Engine No. 302286California Court of Appeal · 1946
- State v. OschoaNevada Supreme Court · 1926
- Breithaupt v. AbramNew Mexico Supreme Court · 1954
- Sanchez v. Attorney GeneralNew Mexico Court of Appeals · 1979