Legal Opinion

Territory of New Mexico v. Clark

New Mexico Supreme Court

Decided January 12, 1909No. 1223PublishedCited by 4 opinions

Appeal from flic District Court for Torrance County, before Edward A. "Mann, Associate Justice. Evidence not re,s gcslae should have been excluded. 11 Ene. Ev. 328, 405; Bird v. U. S., 180 IT. S. 360; People "v. La Bubria, 140 A1. Y. 92; Hirschman v. The People, 101 111. 574; Territory v. Armijo, 7 AT.

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Appeal from flic District Court for Torrance County, before Edward A. "Mann, Associate Justice. Evidence not re,s gcslae should have been excluded. 11 Ene. Ev. 328, 405; Bird v. U. S., 180 IT. S. 360; People "v. La Bubria, 140 A1. Y. 92; Hirschman v. The People, 101 111. 574; Territory v. Armijo, 7 AT. M. 437; Guild v. Pringle, 130 Eed. 423; Insurance Company v. Moselv, 8 Wall 408. The nature of the act, the circumstances under which it was done and the consequences resulting therefrom are competent evidence for or against the defendant, such as the cause of the difficulty which immediately…

1Opinion of the Court

OPINION OF THE COURT.

ABBOTT, J.

(The essential facts appear in the opinion.) — Of the errors assigned by the defendant, one is of special importance, since it raises the question whether a term of the Sixth Judicial District Court for Torrance County can he legally held at Estancia, where the defendant was convicted of nrarder in Hie second degree at what purported to be a term of said court held in June, 1907.

Torrance County was created by the Legislative Assembly of the Territory of New Mexico, hv Chapter 70, of the Laws of 1903, and Progreso was made the county seat; by chapter 2 of the…

2Cases cited7 opinions

  1. United States v. MarchantSupreme Court of the United States · 1827
  2. Thiede v. Utah TerritorySupreme Court of the United States · 1895
  3. In re AllisonSupreme Court of Colorado · 1889
  4. Cunningham v. SpringerSupreme Court of the United States · 1907
  5. United States v. MeagherU.S. Circuit Court for the District of Western Texas · 1888

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3Cited by4 opinions

  1. State v. RiggsbeeNew Mexico Supreme Court · 1973
  2. State v. ApodacaNew Mexico Supreme Court · 1938
  3. State v. ChavezNew Mexico Court of Appeals · 1971
  4. State v. LillyNew Mexico Supreme Court · 1951

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