Territory of New Mexico v. Gonzales
New Mexico Supreme Court
Appeal from the District Court for Socorro county, before Frank W. Parker, .Associate Justice. Indictment for assault with deadly weapon ' must allege that gun was loaded. Chapman v. State, 78 Ala. 463, 56 American Reports 42. It is fatal in criminal pleadings to omit to set forth the facts constituting the crime charged. IT.
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Appeal from the District Court for Socorro county, before Frank W. Parker, .Associate Justice. Indictment for assault with deadly weapon ' must allege that gun was loaded. Chapman v. State, 78 Ala. 463, 56 American Reports 42. It is fatal in criminal pleadings to omit to set forth the facts constituting the crime charged. IT. S. v. Cruick-shanks, 92 U. S. 558; Prater v. The State, Yol. 12, Texas Criminal Appeals 397; Echols v. The State, Yol. 12, Texas Criminal Appeals, 615; Bishop’s Criminal Procedure, Yol. 2, Sec.' 58; Territory v. Armijo, 7 N. M. 571; 37 Pae. 1118. Where the crime is…
1Opinion of the Court
OPINION OF THE CO¡U(RT.
M’FIE, J.
The appellant complains of the action of the court in overruling his motion in arrest of judgment. It is contended that the second count of the indictment failed to charge assault with a deadly weapon, the crime for which he was convicted, and therefore the court should have arrested the judgment.
In the brief and oral argument of counsel for appellant it is insisted that if the second count alleges a crime, it is that of simple assault, and further, that it pleads a legal conclusion only. It is claimed that the indictment is fatally defective in failing to…
2Cases cited2 opinions
- Bannon v. United StatesSupreme Court of the United States · 1895
- United States v. StaatsSupreme Court of the United States · 1849
3Cited by12 opinions
- State v. OsborneNew Mexico Supreme Court · 1991
- New York Times Co. v. United States Deparment of JusticeCourt of Appeals for the Second Circuit · 2014
- State v. PierceNew Mexico Supreme Court · 1990
- State v. NobleNew Mexico Supreme Court · 1977
- State v. LunaNew Mexico Court of Appeals · 1982
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