In re Lujan
New Mexico Supreme Court
Original proceeding in the Supreme Court. Habeas Corpus. The court had power to provide that the commitment should not issue so long as the defendant remained outside of New Mexico.
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Original proceeding in the Supreme Court. Habeas Corpus. The court had power to provide that the commitment should not issue so long as the defendant remained outside of New Mexico. Gibson v. State, 68 Miss. 841; 12 Cyc. 773; State v. Whitt, 117 N. C. 804; Weaver v. People, 33 Mich. 296; Weber v. State, Ohio, 41 L. R. A. (N. S.) 427; People v. Forsyth, 23 L. R. A. (N. S.) 856; People v. Patrick, 118 Cal. 332; State v. Hatley, 110. N. C. 552; 12 Cyc. 774; Ex parte Bugg, 145 S. W. 831; Spencer v. State, 140 S. W. 688; Roberts v. Wansley, 137 Ga. 439; State v. White, 140 S. W. 1059. Arrest of…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J. —
1 The power to suspend the execution ■of a sentence in a felony case, is conferred upon the District Courts of the State by sec. 1, chap. 32, S. L. 1909. 'The order of suspension in this case, however, was made prior to the enactment of the statute, and petitioner’s application for his release from the. custody of the warden •of the State penitentiary is predicated upon the assumption that the District Court, when it sentenced petitioner^ upon his plea of guilty, in the absence of a statute so •authorizing, had not the power to provide “that if thé…
2Cases cited8 opinions
- Neal v. StateSupreme Court of Georgia · 1898
- Dolan's CaseMassachusetts Supreme Judicial Court · 1869
- State v. AbbottSupreme Court of South Carolina · 1911
- Tanner v. WigginsSupreme Court of Florida · 1907
- Miller v. EvansSupreme Court of Iowa · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Evans v. StateWyoming Supreme Court · 1982
- State v. MabryNew Mexico Supreme Court · 1981
- State v. TravarezNew Mexico Court of Appeals · 1983
- Ex parte LuceroNew Mexico Supreme Court · 1917
- Pueblo v. Lozano DíazSupreme Court of Puerto Rico · 1963
16 more not listed; retrieve them via the Exa API.