State v. Carter
New Mexico Supreme Court
Appeal from District Court, Curry County; Richardson, Judge. Wilkie Carter’ was convicted of unlawfully playing a game of chance, and appeals. Error to permit cross-examination of witness Joiner on subject concerning what another absent witness said. Spencer v. Commonwealth, 107 S. W. 342; Underhill Crim. Ev., sec. 220; Wharton Crim. Ev., sec. 484; State v. Sheppard, 59 N. W. 449; Walton v. State, 55 S. W. 567; Crittenden v. Commonwealth, 82 Ky. 164, 6 Am. Crim.
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Appeal from District Court, Curry County; Richardson, Judge. Wilkie Carter’ was convicted of unlawfully playing a game of chance, and appeals. Error to permit cross-examination of witness Joiner on subject concerning what another absent witness said. Spencer v. Commonwealth, 107 S. W. 342; Underhill Crim. Ev., sec. 220; Wharton Crim. Ev., sec. 484; State v. Sheppard, 59 N. W. 449; Walton v. State, 55 S. W. 567; Crittenden v. Commonwealth, 82 Ky. 164, 6 Am. Crim. Rep. 200; Johnson v. State, 22 Tex. App. 208; Hildeburn v. Curran, 65 Pa. 59. Evidence produced by cross-examination of witness…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
Wilkie Carter was indicted at the September, 1914, term of the district court of Curry county, charged with violation of the New Mexico anti-gambling act. lie was convicted upon the first count of the indictment, which charged the unlawful playing of a game of chance, viz., shaking dice for money, from which conviction he prayed, and was granted an appeal to this court.
The only assignment of error which we find it necessary to consider is the first, which was based upon the action of the trial court in permitting the district attorney, over the objection of the…
2Cases cited1 opinion
- Walton v. StateCourt of Criminal Appeals of Texas · 1900
3Cited by13 opinions
- State v. StarrNew Mexico Supreme Court · 1917
- State v. BurrusNew Mexico Supreme Court · 1934
- State v. McClaughertyNew Mexico Supreme Court · 2003
- State v. RodriguezNew Mexico Supreme Court · 1917
- State v. VargasNew Mexico Supreme Court · 1937
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