Territory of New Mexico v. Torres
New Mexico Supreme Court
Appeal from the District Court for Union County, before C. J. Boberts, Associate Justice. Accused cannot be compelled to incriminate himself. C. L. 1897, secs. 979, 980, 3431, 3765, 3405; 5th Amendment of TJ. S. Constitution; Counselman v. Hitchcock, 142 U. S. 549; Levy v. Superior Court, 167 U. S. 42; Zucker, 161 U. S. 481; U. S. v. Edgerton, 80 Fed. 376; TJ.
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Appeal from the District Court for Union County, before C. J. Boberts, Associate Justice. Accused cannot be compelled to incriminate himself. C. L. 1897, secs. 979, 980, 3431, 3765, 3405; 5th Amendment of TJ. S. Constitution; Counselman v. Hitchcock, 142 U. S. 549; Levy v. Superior Court, 167 U. S. 42; Zucker, 161 U. S. 481; U. S. v. Edgerton, 80 Fed. 376; TJ. S. v. Bell, 81 Fed. 843; State v. Young,, 24 S. W. 1045; 2 Bishop’s C. P., sec. 794; Tuttle v. People, 79 Pae. 1039; U. S. v. Praeger, 149 Fed. 482; Hale v. Hinkle, 201 U. S. 67; State v. Gardner, 92 N. W. 529; Boone v. People, 36 N E.…
1Opinion of the Court
OPINION OP THE OOURT.
WRIGHT, A. J.
1 2 The first error assigned by appellant questions the ruling of the court in sustaining the demurrer to the plea in abatement. By his plea in abatement the appellant insists that the indictment be quashed for the following reasons, namely: 1. -Because the indictment was found on hearsay and secondary evidence given by appellant and his co-defendants. 2. Because appellant’s constitutional privilege was invaded in compelling him to testify against himself. Pleas in abatement are dilatory pleas' and have always been subject to the most technical rules of…
2Cases cited11 opinions
- People v. LauderMichigan Supreme Court · 1890
- State v. ComerIndiana Supreme Court · 1902
- Steiner v. StateNebraska Supreme Court · 1907
- Cunningham v. SpringerNew Mexico Supreme Court · 1905
- United States v. American Tobacco Co.District Court, W.D. Kentucky · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. AullNew Mexico Supreme Court · 1967
- State v. LeybaNew Mexico Court of Appeals · 1969
- State v. WatsonNew Mexico Court of Appeals · 1971
- State v. GravesNew Mexico Supreme Court · 1915
- State v. VictorianNew Mexico Supreme Court · 1973
12 more not listed; retrieve them via the Exa API.