Miera v. Territory of New Mexico
New Mexico Supreme Court
Appeal from the district court of Dona Ana county, before Frank W. Parker, Associate Justice. A fair and impartial jury is the right of a defendant in a criminal cause and if by reason of any practice whatever he is deprived of that right a court of review should see to it that his right is protected. Stauder v. West Yirginia, 100 TJ. S. 303; Neal v. Delaware, 103 TJ.' S. 370; Yirginia v. Eives, 100 TJ.
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Appeal from the district court of Dona Ana county, before Frank W. Parker, Associate Justice. A fair and impartial jury is the right of a defendant in a criminal cause and if by reason of any practice whatever he is deprived of that right a court of review should see to it that his right is protected. Stauder v. West Yirginia, 100 TJ. S. 303; Neal v. Delaware, 103 TJ.' S. 370; Yirginia v. Eives, 100 TJ. S. 314. In order that all theories of the case upon which evidence was introduced might be kept in view by the jury, the court should have instructed the jury that if the circumstantial…
1Opinion of the Court
OPINION OP THE COURT.
ABBOTT, J.
— At the March terra, A. D., 1904, of the district court for Union county, the defendant was found guilty of murder in the third degree by a jury, and, subsequently, after a motion for a new trial had been overruled, was sentenced to imprisonment for ten years in the penitentiary. The case is before us on appeal.
1 Before the jury for the trial of' the ease was completed, the regular panel was exhausted and a special precept was issued by the court to secure talesmen, as provided by law. The attorneys for appellant allege that in securing the talesmen under that…
2Cases cited14 opinions
- Bram v. United StatesSupreme Court of the United States · 1897
- Hopt v. UtahSupreme Court of the United States · 1887
- Gibson v. MississippiSupreme Court of the United States · 1896
- People v. ClarkMichigan Supreme Court · 1876
- Taylor v. Town of MonroeSupreme Court of Connecticut · 1875
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People v. ColeCalifornia Supreme Court · 1956
- State v. HeislerNew Mexico Supreme Court · 1954
- State v. BaileyNew Mexico Supreme Court · 1921
- State v. RoseNew Mexico Supreme Court · 1968
- Clark v. StateAlabama Court of Appeals · 1951
8 more not listed; retrieve them via the Exa API.