Territory of New Mexico v. Ayer
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County before Ira A. Abbott, Associate Justice. The mere fact that the witness is sick or out of the jurisdiction, or that his whereabouts are unknown so that he can not be reached by subpoena is not enough. Under-hill on Criminal Evidence, sees. 361, 363, 363) Cooley on Constitutional Limitations, sec. 318, 5th ed.; 1 Bishop Crim.
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Appeal from the District Court for Bernalillo County before Ira A. Abbott, Associate Justice. The mere fact that the witness is sick or out of the jurisdiction, or that his whereabouts are unknown so that he can not be reached by subpoena is not enough. Under-hill on Criminal Evidence, sees. 361, 363, 363) Cooley on Constitutional Limitations, sec. 318, 5th ed.; 1 Bishop Crim. Proc., sec. 1195, 3d ed.; People v. Newman, 5 Hill, N. Y. 295; H. S. v. Angelí, 11 Fed. 34, Syllabus; Thompson v. State, 17 So. 512, Ala., Syllabus; Southern Ry. Co. y. Bonner, 37 So., Ala. 704; State v. King, 86 N. C.…
1Opinion of the Court
OPINION OF THE COURT.
MECHEM, J.
This is an appeal from a conviction of murder in the third degree. Five assignments of error are made and insisted upon in the argument and brief of appellant’s counsel, the fifth assignment covers the same objections that are raised in the second and third assignments.
1. It is first claimed that the record of the testimony given by one Dr. Cutter, at the preliminary hearing of the appellant was improperly admitted. This question is raised by exceptions of the action of the trial court; (1) In allowing the witness, Davern, to testify over appellant’s objections,…
2Cases cited9 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- State v. MoreyOregon Supreme Court · 1894
- People v. StubenvollMichigan Supreme Court · 1886
- State v. SauerSupreme Court of Minnesota · 1888
- Acers v. United StatesSupreme Court of the United States · 1896
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3Cited by5 opinions
- State v. HeislerNew Mexico Supreme Court · 1954
- State v. GillespieSupreme Court of Missouri · 1960
- State v. MassengillNew Mexico Court of Appeals · 1983
- State v. GallegosNew Mexico Court of Appeals · 2019
- State v. HeislerNew Mexico Supreme Court · 1954