Padilla v. Territory of New Mexico
New Mexico Supreme Court
Error, from a judgment of conviction for murder, to the First Judicial District Court, Rio Arriba County. The facts are stated in the opinion of the court. • The defense of alibi needs only to be established to the extent of raising in the minds of the jurors a reasonable doubt as to its truth, and the burden is never on the defendant to prove the same. Toler v. State, 16 Ohio, 583; Fife v. Comm., 9 Pa.
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Error, from a judgment of conviction for murder, to the First Judicial District Court, Rio Arriba County. The facts are stated in the opinion of the court. • The defense of alibi needs only to be established to the extent of raising in the minds of the jurors a reasonable doubt as to its truth, and the burden is never on the defendant to prove the same. Toler v. State, 16 Ohio, 583; Fife v. Comm., 9 Pa. St. 429; French v. State, 16 Ind. 670; Pollard v. State, 15 Miss. 410; Chappell v. State, 7 Colo. 92; Gribbs v. State, 1 Tex. App. 12; Otmer v. People, 76 111. 149; Howard v. State, 50 Ind.…
1Opinion of the CourtCollier, J.
This cause comes up to this court upon writ of error, the plaintiff in error, Perfecto Padilla, having been convicted in the district court of the county of Rio Arriba of murder, as charged in the indictment, and sentenced to be hanged.
The indictment charges, íd an exclusive way and by apt averments, the crime of murder in the first degree, and the verdict needs no other aid than the indictment for a clear understanding of its import and meaning. All the proceedings had and apparent upon the record proper show due procedure in the cause, and, therefore, the judgment of the lower court should…
2Cases cited4 opinions
- Wood v. WeimarSupreme Court of the United States · 1881
- State ex rel. Foster v. SwartsIndiana Supreme Court · 1857
- Oney v. ClendeninWest Virginia Supreme Court · 1886
- Story & Camp v. RagsdaleMissouri Court of Appeals · 1888