State v. McCracken
New Mexico Supreme Court
Appeal from District Court, Valencia Countj1-; Mechem, Judge. Sidnej'’ J. McCracken was convicted of murder in the second degree, and he appeals. When application for continuance complies with statute court has no discretion in the matter. Terr v. Torres, 16 N. M. 615. Court erred in. not giving requested instruction as to the appellant’s right to defend his propertjq without modification. Stillwell v. Duncan, 44 S’. W. (Ivy.) 357; Boss v. State.
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Appeal from District Court, Valencia Countj1-; Mechem, Judge. Sidnej'’ J. McCracken was convicted of murder in the second degree, and he appeals. When application for continuance complies with statute court has no discretion in the matter. Terr v. Torres, 16 N. M. 615. Court erred in. not giving requested instruction as to the appellant’s right to defend his propertjq without modification. Stillwell v. Duncan, 44 S’. W. (Ivy.) 357; Boss v. State. (Tex.) 10 App. 455; Foueh v. State, 45 L. B. A. 687; Sims v. State, 36 S. W. 256; Payne v. State, 8 Cal. 341; Hans y. State, 9 Ann. Cas. 1131; Hoy…
1Opinion of the Court
OPINION OP THE COURT.
BOBEBTS', J.
The grand jury of Socorro county returned an indictment against appellant, charging him with the crime of murder. The venue of the case was changed to Valencia county, and a trial resulted in a verdict of guilty of murder in the second degree, upon which judgment was rendered, from which this appeal is prosecuted.
[1] Appellant assigns as his first ground of error the overruling by the trial court of Ms motion for continuance. Continuance was aSk'ed on the ground of the absence of three material witnesses, Sullivan, White, and Tafoya; Sullivan and Tafoya both…
2Cases cited2 opinions
- Carpenter v. StateSupreme Court of Arkansas · 1896
- State v. BarkerSupreme Court of Kansas · 1890
3Cited by17 opinions
- State v. CouchNew Mexico Supreme Court · 1946
- Falkner v. MartinNew Mexico Supreme Court · 1964
- Brown Ex Rel. Brown v. MartinezNew Mexico Supreme Court · 1961
- State v. AndersonNew Mexico Supreme Court · 1918
- State v. MartinezNew Mexico Supreme Court · 1929
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