Territory of New Mexico v. Emilio
New Mexico Supreme Court
Appeal from the District Court for Lincoln County before Edward A. Mann, Associate Justice. Wben an applicant for change of venue brings himself within the provisions of the statute, i-t is mandatory upon the court to change the venue of the cause.
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Appeal from the District Court for Lincoln County before Edward A. Mann, Associate Justice. Wben an applicant for change of venue brings himself within the provisions of the statute, i-t is mandatory upon the court to change the venue of the cause. Compiled Laws, section 2881; Territory v. Kelly, 2 N M. 292; Territory v. Leary, 8 N M. 180; State v. Goddard, 146 Mo. 170, 48 S. W. 82, citing Higgins v. Com. 94 Ky.; Birdsong v. State, 47 Ala. 74; People v. Yoakum, 53 Cal. 566. It is reversible error to refuse a continuance upon a proper showing when sufficient time to prepare íot defense, is not…
1Opinion of the Court
OPINION OP THE COURT.
PARKER, J.
The appellant was indicted on April 11th, 1905, charged with the murder of Antonia Carrillo de Mirabal on April 3rd, 1905, was tried on May 3rd, 1905, convicted of murder in the first degree, and on May 5th 1905, was sentenced to death.
1 1. Appellant complains of the denial of his motion for a change of venue. He filed his motion, setting up local prejudice against him and supported the same by the affidavits of, four witnesses. The court required the witnesses to be produced and examined as to whether they were disinterested and, upon hearing, determined that…
2Cases cited17 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- Spies v. IllinoisSupreme Court of the United States · 1887
- Kearney v. SnodgrassOregon Supreme Court · 1885
- State v. . LambertSupreme Court of North Carolina · 1885
- State v. WareSupreme Court of Missouri · 1876
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. LordNew Mexico Supreme Court · 1938
- State v. TindleNew Mexico Court of Appeals · 1986
- State v. Woo Dak SanNew Mexico Supreme Court · 1930
- State v. PlummerNew Mexico Supreme Court · 1940
- State v. AlaridNew Mexico Supreme Court · 1936
2 more not listed; retrieve them via the Exa API.