State v. Holloway
New Mexico Supreme Court
Appeal from District Court, Dona Ana Count}'; Edward L. Medler, Presiding Judge. Sufficiency of indictment. C. L. 1897, Sec. 1122; Session Laws 1905, Chap. 129, Sec. 1; 7 and 8 Geo. 4 c 29, Par. 47; Bishop’s Directions and Forms, par. 403; State v. Harmon, 106 Mo. 635, 18 S. W. 128. Change of venue against defendant’s objection violated his constitutional rights.
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Appeal from District Court, Dona Ana Count}'; Edward L. Medler, Presiding Judge. Sufficiency of indictment. C. L. 1897, Sec. 1122; Session Laws 1905, Chap. 129, Sec. 1; 7 and 8 Geo. 4 c 29, Par. 47; Bishop’s Directions and Forms, par. 403; State v. Harmon, 106 Mo. 635, 18 S. W. 128. Change of venue against defendant’s objection violated his constitutional rights. N. M. constitution, Sec. 16. C. L. 1897 Secs. 7311-7318; Constitution Art. 6, Sec. 7; 2 Cooleys’ Blackstone (Third Edition) 491; People v. Powell, 25 Pac. 481, 11 L. E. A. 75; Wheeler v. State, 24 Wis. 52; Osborne v. State, 24 Ark.…
1Opinion of the Court
OPINION.
HANNA, J.
1 The first point made by appellant is that the indictment is defective, several alleged defects being-pointed out. The first being with respect to alleged insufficiency of proof as to lack of knowledge on the part of the grand jury as to the Christian name of the defendant. This can hardly be said to go to the insufficiency of the indictment. We assume that a second point is made, though this is not clear' from appellant’s brief, that there is an insufficient allegation as to the charge of the indictment as-to the-money embezzled. The objections, however, not going to the…
2Cases cited14 opinions
- People v. PowellCalifornia Supreme Court · 1891
- Barry v. TrauxNorth Dakota Supreme Court · 1904
- Wheeler v. StateWisconsin Supreme Court · 1869
- People v. PetersonMichigan Supreme Court · 1892
- In re NelsonSouth Dakota Supreme Court · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State Ex Rel. Bliss v. GreenwoodNew Mexico Supreme Court · 1957
- State v. LopezNew Mexico Supreme Court · 1973
- State Ex Rel. Cosner v. SeeWest Virginia Supreme Court · 1947
- State v. HouseNew Mexico Supreme Court · 1999
- State v. ValdezNew Mexico Court of Appeals · 1972
23 more not listed; retrieve them via the Exa API.