State v. Smith
New Mexico Supreme Court
Appeal from District Court, Quay County; T. D. Leib, Judge. Jesse Smith was convicted of unlawfully killing two-head of neat cattle, and appeals. Alibi* instruction of court threw burden of proof on appellant.
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Appeal from District Court, Quay County; T. D. Leib, Judge. Jesse Smith was convicted of unlawfully killing two-head of neat cattle, and appeals. Alibi* instruction of court threw burden of proof on appellant. Territory v. Sais, 14 N. M. 899; State v. McClelland, 59 Pac. 924; Schultz v. Territory, 52 Pac. 352; Davis v. United States, 160 U. S. 469; Fife v. Com., 29 Pa. 429; Toler v. State, 16 Ohio St. 583'; State v. Taylor, 118 Mo. 153; Casey v. State, 49 Neb. 403; Payton v. State (Neb.), 74 N.'W. 597; State v. Jaynes, 78 N. C. 504; State v. Tatlow, 136 Mo. 678; Bennett v. State, 30 Tex. App.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
Appellant was tried and convicted in the district court of Quay county for the unlawful killing of two head of neat cattle belonging to Ira Sample. From a judgment sentencing him to a term in the state penitentiary, he appeals, and assigns as error the action of the trial court in giving certain instructions and other alleged errors not necessary to discuss.
[1] At the outset we are met by the contention of the state that the bill of exceptions is not shown to have been filed in the office of the clerk of the district court, and that, not being so filed, it…
Also in this document: Concurrence.
2Cases cited3 opinions
- Glover v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- City of Tucumcari v. BelmoreNew Mexico Supreme Court · 1913
- Territory of New Mexico v. TaisNew Mexico Supreme Court · 1908
3Cited by8 opinions
- State v. PerkinsNew Mexico Supreme Court · 1915
- State v. DavisNew Mexico Court of Appeals · 1969
- State v. TorresNew Mexico Supreme Court · 2022
- McCarty v. StateNew Mexico Supreme Court · 1988
- McCarty v. StateNew Mexico Supreme Court · 1988
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