Legal Opinion

Chacon v. Territory of New Mexico

New Mexico Supreme Court

Decided August 24, 1893No. 515PublishedCited by 6 opinions

Appeal, from a judgment convicting the defendant of a simple assault and battery, from the Third Judicial District Court, Grant County. The facts are. stated in the opinion of the court. “The indictment under a statute prohibiting assault with a dangerous or deadly weapon, should not only aver the weapon to be dangerous or deadly, but should specify it.” 1 Am. and Eng.

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Appeal, from a judgment convicting the defendant of a simple assault and battery, from the Third Judicial District Court, Grant County. The facts are. stated in the opinion of the court. “The indictment under a statute prohibiting assault with a dangerous or deadly weapon, should not only aver the weapon to be dangerous or deadly, but should specify it.” 1 Am. and Eng. Encyclopedia of Law, 813. “Where an assault is charged to have been committed with a deadly weapon, the character of the weapon must be averred.” State v. Bussell, 91 N. C. 624; Slusser v. State, 71 Ind. 280. See, also, Walker…

1Opinion of the CourtO’Bbien, C. J.

At the April term, 1892, of the Grant county district court, Petronilo Chacon was indicted and • tried for a felonious assault with a loaded pistol upon one Gerónimo Portillo. The verdict was, guilty of a simple assault and battery. Prom the judgment entered upon the verdict, the defendant has appealed to this court.

The chief reasons assigned for reversal are: (1) Convicting defendant of a simple assault and battery upon an indictment charging him with an assault with a deadly weapon; '(2) improper and abusive language used by the prosecuting attorney in his address to the jury; (3) errors…

2Cases cited1 opinion

  1. Bryant v. StateSupreme Court of Arkansas · 1883

3Cited by6 opinions

  1. State v. BruleNew Mexico Supreme Court · 1999
  2. State v. DuranNew Mexico Court of Appeals · 1969
  3. State v. AnayaNew Mexico Court of Appeals · 1968
  4. State v. MitchellNew Mexico Supreme Court · 1939
  5. State v. GilbertNew Mexico Supreme Court · 1982

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