Territory of New Mexico v. McDonald

New Mexico Supreme Court

Territory of New Mexico v. McDonald

12 N.M. 423

CourtNew Mexico Supreme Court

DecidedSeptember 13, 1904

DocketNo. 1054

StatusPublished

This text of 12 N.M. 423 (Territory of New Mexico v. McDonald) 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.

Bluebook

Territory of New Mexico v. McDonald, 12 N.M. 423 (N.M. 1904).

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Opinion

OPINION OF THE COURT.

POPE, J.

1 2 The defendant was indicted for murder at the October term, 1903, of the district court of Eddy county. He was found guilty of murder in the second degree and sentenced to serve fifteen years in the penitentiary. The transcript filed in this court contains an order of the trial judge extending the time for settling the bill of exceptions, but no bill of exceptions was apparently ever tendered or signed. The court is therefore relegated to a determination of the case upon the record proper. Territory v. Archibeque, 9 N. M. 403, and upon a careful examination of this we find no error.

The judgment below is accordingly affirmed.

Baker, McFie, Parker and Mann, JJ., concur. Mills, C. J., did not sit in the case, having presided in the court below.

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OPINION OF THE COURT.

POPE, J.

1 2 The defendant was indicted for murder at the October term, 1903, of the district court of Eddy county. He was found guilty of murder in the second degree and sentenced to serve fifteen years in the penitentiary. The transcript filed in this court contains an order of the trial judge extending the time for settling the bill of exceptions, but no bill of exceptions was apparently ever tendered or signed. The court is therefore relegated to a determination of the case upon the record proper. Territory v. Archibeque, 9 N. M. 403, and upon a careful examination of this we find no error.

The judgment below is accordingly affirmed.

Baker, McFie, Parker and Mann, JJ., concur. Mills, C. J., did not sit in the case, having presided in the court below.

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Bluebook (online)

12 N.M. 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/territory-of-new-mexico-v-mcdonald-nm-1904.