State v. Dillon

New Mexico Supreme Court

State v. Dillon

281 P. 474, 34 N.M. 366

CourtNew Mexico Supreme Court

DecidedOctober 1, 1929

DocketNo. 3333.

StatusPublished

Cited by17 cases

This text of 281 P. 474 (State v. Dillon) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Dillon, 281 P. 474, 34 N.M. 366 (N.M. 1929).

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OPINION OF THE COURT Appellant was convicted of the possession of intoxicating liquor for sale. The only error here urged is in the overruling of his motion to return to him and to suppress as evidence certain liquors which the sheriff had seized under a search warrant which the trial court found, and the Attorney General apparently concedes, to have been illegal.

[1] The overruling of the motion was based upon the trial court's understanding that this court, in State v. Hammond, No. 3010, had laid down the rule "that evidence, however obtained, whether legally or illegally, is admissible." The opinion referred to has not been published; the cause having become moot by reason of the death of the appellant during the pendency of a motion for rehearing. Since it is the sole basis of the decision, and the single point of difference here, we cannot do better than insert it in this opinion. It follows:

Criminal Law 16CJ § 1097 p. 567 n. 88; § 1110 p. 570 n. 90. *Page 367

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OPINION OF THE COURT Appellant was convicted of the possession of intoxicating liquor for sale. The only error here urged is in the overruling of his motion to return to him and to suppress as evidence certain liquors which the sheriff had seized under a search warrant which the trial court found, and the Attorney General apparently concedes, to have been illegal.

[1] The overruling of the motion was based upon the trial court's understanding that this court, in State v. Hammond, No. 3010, had laid down the rule "that evidence, however obtained, whether legally or illegally, is admissible." The opinion referred to has not been published; the cause having become moot by reason of the death of the appellant during the pendency of a motion for rehearing. Since it is the sole basis of the decision, and the single point of difference here, we cannot do better than insert it in this opinion. It follows:

Criminal Law 16CJ § 1097 p. 567 n. 88; § 1110 p. 570 n. 90. *Page 367

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281 P. 474, 34 N.M. 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dillon-nm-1929.

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