Territory of New Mexico v. Ricordati
New Mexico Supreme Court
Appeal from the District Court of Bernalillo County; Herbert F. Eaynolds, District Judge; Judgment sustaining demurrer erroneous. Sec. 4138, C. L. 1897; sec, 1272, C. L. 1897. Election in -September, 1910, was a general election. Secs. 1634, 1640, 1660, 1700, 1702, C. L. 1897; Mackin v. State, 62 Md. 244; Downs v. State, 78 Mo. 128. Indictment valid. Secs. 1272 and 4138, C. L. 1897. Election was special and not a general election.
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Appeal from the District Court of Bernalillo County; Herbert F. Eaynolds, District Judge; Judgment sustaining demurrer erroneous. Sec. 4138, C. L. 1897; sec, 1272, C. L. 1897. Election in -September, 1910, was a general election. Secs. 1634, 1640, 1660, 1700, 1702, C. L. 1897; Mackin v. State, 62 Md. 244; Downs v. State, 78 Mo. 128. Indictment valid. Secs. 1272 and 4138, C. L. 1897. Election was special and not a general election. Sutherland on Stat. Cons., sec. 520, p. 962; Mechem on Public Officers, secs. 173 to 176; chap. 43, C. L. 1865, secs. 2, 3, 4, 5, 33; sec. 1209, C. L. 1884; sec.…
1Opinion of the Court
OPINION OP THE COURT.
HANNNA, J. —
The question presented is whether the 6th day of September, 1910, was a general election day within the meaning of the statute under which this indictment was framed. The statute appears in the compiled laws of 1897 as sec. 4138, and is.as follows:
“No license shall be issued under the provisions of the act during a period of not less than sixty days prior to any general election, and every liquor dealer shall close his place of business and not sell or allow to be sold, give away or allow to be given away, any intoxicating liquors from his said place of…
2Cases cited2 opinions
- Deardorf's Administrator v. ThacherSupreme Court of Missouri · 1883
- State ex rel. Farren v. City of St. LouisSupreme Court of Missouri · 1876