Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1906-08-04
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MUSI Gu
PENlTLN larry
Decision Of tiehih Cir
cult Court Of appeal
AffIFmS Sentence.
HISTORY OF LEGAL BATTLE

IN q decision handed down b. ina
eighth circuit court 81 appeals siffinR
at st. Paul. MINI. Judge Phillips az
firms the sentence Of Mariano sona
Co serve four years and four days ln
the penltouilary on charge Of for
gerry. OF which be was convicted IN
the district court and which decision
Of the court he has stuhbofnly fought
for the past ave years.
scua appealed 90 the supreme court
Of The territory after his conviction
Ho afterwards dismissed this appeal
aud sued Out a writ cf error under d
statute which then existed. allowing
such n procedure. Afterwards. and
prior 20 his perfecting this writ Of
error IN tho supreme court an asl
of the territorial Legislature ~ 1897
repealed the act of the Legislature OF
1893 permitting this procedure.
The supreme court Of the torrltory
without going into tine merits u the
case, Ga an opinion by Judgo Baker
held that owing % the repeal. the su
| creme court Of the territory had no
Jurisdiction 20 entertain the case. The
court then entered Judgment dismiss
ing the writ Of error frnm the district
court 10 toe supreme court. Tho Gu
prone uri. after Diminishing the wit
uf error. proceeded 20 ro.santeneo
Sena 60 the original sentence OF -four
years and four days. q year and a day
on each of four counts OF which Ne
was found guilty
seua then appealed 20 the eighth
circuit court nf anpl nls. by which he
sought 90 have the territorial courts
opinion set aside and The case heard
on its merits, ciihor IN that court on
the supreme court. hy a .sypraal ol
The action Of the territorial supreme
court. He afterwards sued out a writ
Of error from the circuit court OF al.
peala 10 the supreme court.
The difference between writ Of
error and AN appeal Is that IN the
former the case ls tried on points OF
law oniJi whereas, IN an appeal, the
case II tried on iie merits.
judge Phillips, In hts oplnion. dls.
missed the appeal. refusing TO hear
The case on ~ merits. "a 10 the
writ OF error they remnnded n back
to the supreme court Of the territory
VITA directions 20 the court 10 enter
proper Judgment 90 dismlasal where.
IN they attempted 90 rnsenteuro de-.
PENDANT. after holding that they had
NO jurisdiction whatever in tho case
~ this action on The part OF the
eighth circuit court % appeals. the or.
ieinal Judgment and sentence OF the
district court Is lefi ia eject which
means that sena must serve bis four
years and four days. 90 which ne was
originally sentenced in that court
Assistant unhod States Attorney
Medier who represented tho govern.
nent 10 the case. states that as soon
~ the correction OF Judgment ls made
ne government can then secure com.
miiment papers. Just az though no an.
peal had ever been taken IL Will
probably take thirty daya 0g more 10
accomplish this and as the decision
.nf the circnii court ~ appeals roba
sena Of bis last opportunity Of naht
ing the sentence of the court. tho
chances are thar be VIII soon become
an inmate Of the territorial poniton.
tlary.
The crime for which sena was con
vlcted was the forging of receipts
purporiing 90 have been given by
Arthur 5. Tinker TO Pedro ssnches.
supervisor of census. az Interpreter
hena a. The Time was acting as a clerk
10 Sanches.