Carter v. Territory

By Court,

Benedict, C. J.:

George Carter, at the March term, at Santa Fe, of the first judicial district court, 1858, was indicted for an assault with intent to kill and murder Juan Duro. Upon being arraigned, be pleaded specially “that the territory of New Mexico ought not further to prosecute the said indictment against him, because he saith that Anastacio Sandoval, one of the grand jurors who found the said indictment, was not at the time of finding said indictment a citizen, of the United States, but was at the time of finding said indictment, a citizen of the republic of Mexico, etc. He…