United States v. Griego
New Mexico Supreme Court
Appeal from the district court of the Second judicial district, before Daniel H. McMillen, Associate Justice. ON REHEARING. The charge of the court was an erroneous statement of the effect of the evidence, and an invasion of the province of the jury as to the construction which they might give to the facts mentioned.
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Appeal from the district court of the Second judicial district, before Daniel H. McMillen, Associate Justice. ON REHEARING. The charge of the court was an erroneous statement of the effect of the evidence, and an invasion of the province of the jury as to the construction which they might give to the facts mentioned. Hickory v. United States, 160 U. S. (L. Ed.), 475; Alberty v. United States, 162 U. S. (L. Ed.), 1051; Allen v. United States, 164 U. S. (L. Ed.), 528; Starr v. U. S., 164 U. S. (L. Ed.), 577; Dunbar v. United States, 156 U. S. (L. Ed.), 395; Doly v. The State, 7 Blackford 427;…
1Opinion of the CourtMills, C. J.
This case is before us for rehearing, the judgment and sentence of the court below having been sustained by a divided court, as will appear from an inspection of the case which is reported in 72 Pac. 20.
It is but proper to say that the learned judge who presides regularly over the district court for the First judicial district, did not try this case.
The opinion heretofore handed down by us in this case is reaffirmed, except that part of it which relates to the assignment of error which calls in question one of the instructions given by the trial court, which instruction reads as follows:
“If…
2Cases cited2 opinions
- Coffin v. United StatesSupreme Court of the United States · 1895
- United States v. GriegoNew Mexico Supreme Court · 1902
3Cited by1 opinion
- Territory of New Mexico v. LivingstonNew Mexico Supreme Court · 1906