Ex parte DeVore
New Mexico Supreme Court
Original proceedings in the Supreme Court before Roberts, C. J., Parker and Hanna, Justices; Statutes involved herein. C. L. 1897, secs, 1054, 1055, 2871. In all the courts in this Territory the common law as recognized in the United States of America, shall be the rule of practice and decision.
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Original proceedings in the Supreme Court before Roberts, C. J., Parker and Hanna, Justices; Statutes involved herein. C. L. 1897, secs, 1054, 1055, 2871. In all the courts in this Territory the common law as recognized in the United States of America, shall be the rule of practice and decision. Leitsendorfer v. "Webb, 1 N. M. 34; Montoya v. Donahoe, 2 N. M. 214; Terr. v. Max- ' well,-2 N. M. 250; C. L. 1897, sec. 3422. Statutes adopting the common law. 8 Cyc. 373; Kansas, C. L. 1879, sec. 6190; Colorado, Mills Ann. Stats., sec. 4184; Chilcott.v. Hart, 45 Pac. 391; Herr v. Johnson, 11 Colo.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J. —
This is an original application for the writ of habeas corpus by H. O. DeVore, who pleaded guilty to an indictment returned against him by the grand jury of Otero County, on the 29th day of October, 1912, charging him with the offense of' “prison breach,” upOh which plea of guilty he was sentenced, by the District Court to serve a term in the state penitentiary of not less than ten, nor more than twelve years. He bases his right to the writ upon the following grounds.(1) Prison breach' is not a statutory offense in New Mexico and the common law of crimes…
2Cases cited11 opinions
- The United States v. Hudson and GoodwinSupreme Court of the United States · 1812
- United States v. PalmerSupreme Court of the United States · 1818
- United States v. BrittonSupreme Court of the United States · 1883
- Sennott's CaseMassachusetts Supreme Judicial Court · 1888
- State v. WilliamsSupreme Court of Missouri · 1883
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3Cited by30 opinions
- Lopez Ex Rel. Lopez v. MaezNew Mexico Supreme Court · 1982
- Montoya v. McManusNew Mexico Supreme Court · 1961
- State v. DennisNew Mexico Court of Appeals · 1969
- State v. OrtizNew Mexico Court of Appeals · 1967
- Measday v. SweazeaNew Mexico Court of Appeals · 1968
25 more not listed; retrieve them via the Exa API.