State v. Douthitt
New Mexico Supreme Court
Appeal from District Court, Chaves County; Brice, Judge.’ Elgin Douthitt and Yelpo Douthitt were convicted of unlawfully firing a deadly weapon at another, and they appeal.
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Appeal from District Court, Chaves County; Brice, Judge.’ Elgin Douthitt and Yelpo Douthitt were convicted of unlawfully firing a deadly weapon at another, and they appeal. A juror is incompetent if his opinion is of such decided character that he could not give due weight to the presumption of innocence. 24 Cyc. 305; Territory v. Lynch, 18 N. M. 15; State v. Start, 60 Kan. 256, 56 Pac. 15; People v. Thacker, (Mich.) 66 N. W. 562; Stephens v. People, 38 Mich. 739; Oliver v. State, (Neb.) 7 N. W. 444; Randall v. State, (Tex.) 28 S. W. 953; State v. Moody, (Wash.) 51 Pac. 356; State v. Rutten,…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
[1] This appeal is from the judgment pronounced upon a verdict of the jury finding appellants guilty of the offense of unlawfully firing off a deadly weapon at one Allen Doyal in Chaves county, N. M. A reversal is claimed upon nine assignments of error, the first three of which will be considered together, as they are related. They had to do with voir dire examination of the jurors, and it is objected that the court erroneously refused to permit .the appellants to ask the jurors: First, whether they could enter the trial of the cause with the presumption of…
2Cases cited12 opinions
- Roberson v. StateSupreme Court of Florida · 1898
- Ryan v. StateWisconsin Supreme Court · 1902
- People v. . ConklinNew York Court of Appeals · 1903
- State v. PeriouxSupreme Court of Louisiana · 1901
- Eddins v. Galloway Coal Co.Supreme Court of Alabama · 1921
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3Cited by10 opinions
- State v. HoaglandIdaho Supreme Court · 1924
- Duffy v. CarrollSupreme Court of Connecticut · 1950
- People v. JeffersonCalifornia Court of Appeal · 1948
- State v. MartinezNew Mexico Supreme Court · 1929
- State v. CostalesNew Mexico Supreme Court · 1933
5 more not listed; retrieve them via the Exa API.