State v. Alva
New Mexico Supreme Court
Appeal from the District Court of Colfax County; Thomas D. Leib, District Judge; Indictment defective in not containing the word “ravish.” Bishop Crim. Pro. (4th ed.) sec. 335 and citations; Territory v. Cortez, 15 N M. 92. Proof necessary to establish guilt of defendant.
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Appeal from the District Court of Colfax County; Thomas D. Leib, District Judge; Indictment defective in not containing the word “ravish.” Bishop Crim. Pro. (4th ed.) sec. 335 and citations; Territory v. Cortez, 15 N M. 92. Proof necessary to establish guilt of defendant. People v. Howard, 76 Pac. 1116, (Cal.);- State v. Dalton, 17 S. W. 700; State v. Donnington, 151 S. W. 975; State v. Grubb, 41 Pac. 951; People v. Seaman, 137 N. Y. Sup. 294; People v. Kline, N. Y. Sup. 296. Alleged confession insufficient to support verdict. 12 Cyc. 483. On appeal court will not consider the correctness of…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
The appellant was tried and convicted in the District Court of Colfax County for carnally knowing and abusing, and having sexual intercourse with one Refugia Senega Torres, she being a female under the age of fourteen years, and brings the case into this Court by appeal.
Tlie first objection urged in this Court is directed against the sufficiency of the indictment because the word “ravish” was not contained in the indictment.
It is contended by the counsel for appellant that our statute attempts to designate or set out what constitutes rape, but yet does not do so,…
2Cases cited5 opinions
- People v. HowardCalifornia Supreme Court · 1904
- Robson v. ThomasSupreme Court of Missouri · 1874
- State v. EakerNew Mexico Supreme Court · 1913
- Lessee of Pillsbury v. Dugan's AdministratorOhio Supreme Court · 1839
- State v. WilliamsSupreme Court of Arkansas · 1900
3Cited by13 opinions
- State v. TrujilloNew Mexico Court of Appeals · 1973
- State v. ShedoudyNew Mexico Supreme Court · 1941
- State v. CraigNew Mexico Supreme Court · 1962
- State v. AscarateNew Mexico Supreme Court · 1915
- State v. SmithNew Mexico Supreme Court · 1927
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