Territory of New Mexico v. Ortiz
New Mexico Supreme Court
Appeal, from the First Judicial District Court, Santa Fe County, convicting defendant of a felony. Smith, C. J., dissenting. The facts are stated in the opinion of the court. The organic act of the territory provides that no person shall be deprived of the right to trial by jury in cases cognizable at common law.
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Appeal, from the First Judicial District Court, Santa Fe County, convicting defendant of a felony. Smith, C. J., dissenting. The facts are stated in the opinion of the court. The organic act of the territory provides that no person shall be deprived of the right to trial by jury in cases cognizable at common law. Act 1850, sec. 19. The constitution of the United States guarantees to the accused, in all criminal prosecutions, the right to a “speedy, public trial by an impartial jury,” etc. Const. U. S., art. 6. It also declares that no state shall “deprive any person of life,, liberty, or…
1Opinion of the CourtBantz, J.
The defendant was indicted, tried, and convicted for a statutory felony, and was sentenced to a term of three years’ imprisonment in the penitentiary, and to pay a fine of $1,000, and costs. The error assigned is based upon the following recital in the record: “The regular panel of the jury having been exhausted, and only eleven qualified jurors secured for the trial of this cause, by agreement of said parties, by their respective attorneys this cause is tried before said eleven jurors.” It is claimed that a judgment based upon the verdict of eleven jurors, in a felony case, must be reversed.
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2Cases cited13 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- State v. KaufmanSupreme Court of Iowa · 1879
- Hill v. PeopleMichigan Supreme Court · 1868
- City of Davenport v. RiceSupreme Court of Iowa · 1888
- Allen v. StateIndiana Supreme Court · 1876
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3Cited by6 opinions
- State v. GarciaNew Mexico Supreme Court · 1942
- State v. PendleyNew Mexico Court of Appeals · 1979
- State v. HernandezNew Mexico Supreme Court · 1942
- State v. MarrujoNew Mexico Supreme Court · 1968
- State Ex Rel. Gutierrez v. First Judicial Dist. CourtNew Mexico Supreme Court · 1948
1 more not listed; retrieve them via the Exa API.