Legal Opinion

State v. Sakariason

New Mexico Supreme Court

Decided November 16, 1915No. 1834PublishedCited by 9 opinions

Appeal from District Court, Socorro County; M. C. Mechem, Judge. John E. Sakariason and others were convicted of killing one head of neat cattle belonging to another, and appeal..

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Appeal from District Court, Socorro County; M. C. Mechem, Judge. John E. Sakariason and others were convicted of killing one head of neat cattle belonging to another, and appeal.. To sustain a conviction for a crime, the corpus delicti must be proven beyond a reasonable doubt. 2 Bishop on Criminal Procedure, 739; 8 Encyclopedia of Evidence, 86; 1 Wharton on Criminal Law, sec. 745; 3 Greenleaf on Evidence, sec. 30; 1 McClain on Criminal Law, sees. 612, ’616; Territory v. Leslie, 15 N. M. 240; Chezem v. State, 76 N. W. 1056 (Neb.); State v. Wescott, 104 N. W. 341 (la.); Brown v. Commonwealth,…

1Opinion of the Court

OPINION OF THE COURT.

HANNA, J.

The assignments of error present several grounds as the basis for this appeal, and are predicated upon the refusal of the trial court to direct a verdict of not guilty upon defendants’ motion made at the close of the state’s case, and again made at the close of the entire case, and upon the court’s refusal to set aside the verdict of the jury, and discharge the defendants, or grant them a new trial upon their motion made before sentence was passed. The argument in support of these several objections is based very largely upon the alleged failure of the state to…

2Cases cited1 opinion

  1. Dimmick v. United StatesCourt of Appeals for the Ninth Circuit · 1905

3Cited by9 opinions

  1. State v. ParisNew Mexico Supreme Court · 1966
  2. State v. BuchananNew Mexico Supreme Court · 1966
  3. State v. ChavesNew Mexico Supreme Court · 1921
  4. Kilpatrick v. StateNew Mexico Supreme Court · 1953
  5. State v. TiptonNew Mexico Supreme Court · 1953

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