Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1912-05-08
GOVERNOR GOES
TO ALBUQUERQUE
Will Attend Banquet Given
Tomorrow Night by Re-
tailers' Association
INSURANCE COMPANY APPLIES
Parole From New Mexico Peni-
tertiary Is Issued to Santos
Montoya.

Governor and Mrs. Mcdonald will
'leaye the capital tomorrow afternoon
for Albuquerque where he will attend
the banquet of the Retailers Associa-
ton tomorrow evening in the Masonic
temple. This function will close the
session of the retailers convention.
Supreme Court.
Case No. 1896, Territory of New
Mexico VS.. Felix Muniz, and Manuel
Duran, appellants. Appeal from the
syllabus for this case reads.
l. Appellants We're indicted and
tried for murder. The jury returned
the following verdict: I'VE, the jury
find the defendants, Felix Muniz and
Manuel Duran guilty of manslaughter,
third degree" A motion was made in
arrest of judgment, upon the ground
that the jury did not convict the de-
PENDANTS of any crime recognized or
existing under the laws of The Terri
tory of New Mexico, there being no
degree of manslaughter known as
third degree. The motion was over
ruled. The words of the verdict,
guilty of manslaughter,' was full
and complete finding, and the super
added expression third degree" is
Meaningless and to be treated as sur
plusage.
?. An instruction that, '1f you be-
lieve that any witness has willfully
testified falsely in any particular, you
have the right wholly to disregard all
the evidence of that Witness is er-
loneous in not limiting the false testi.
mony, upon the falsity Of which the
jury might disregard all the evidence
of witness, to some material fact.
The judgment of the lower court in
this case was reversed and a new trial
granted.
Opinion by R. H. Hanna. all con.
curing.
Treasurer's Receipts.
The following sums of money were
received in the office of State Treas
urer o. n Marion: Fidel Cordova
treasurer of Taos county, taxes
$20066; r. w. Heflin, treasurer OF
San Juan courty, taxes, S616S2; Chris
Raithel, treasurer of Lincoln county
taxes, $40.34; c. o. Bennett, district
clerk of Dona Ana county, fees $3.50. 40
Insurance Co. Would Enter State
The Beneficial Life Insurance Com
pany Of Salt Lake City, Utah, this
morning applied to the New Mexico
department of insurance for necessary
papers TO make application for admit
tance to do business in the state.
Qualified as Regent.
Eugenio Romero, of Las Vegas, yes
terday afternoon qualified as regent o
the New Mexico Normal University.
Santos Montoya ParoIed.
Governor w. C. Mcdonald this morn
ing paroled Santos Montoya from tn
state penitentiary Montoya had serv
ed eighteen months of a three years
term from Dona Ana county for hors
stealing. The application for parole o
J. B Romero will be considered at tn
1eXt meeting of the pardon and parol
board. Romero is serving life ser
tence from Mora county for murder
He has served twenty years.
Prisoners From Eddy County.
M. G. Stewart, sheriff of Eddy cour
ty, brought five prisoners to the stat
penitentiary from Carlsbad The re
cruits are: Cecilio Valles, eightee
months to two years for assault wit
intent to kill and assault with a deat
ly weapon; Julio Mendoza, one year t
fifteen months for receiving stole
property; Francisco Dominguez, on
year to fifteen months for assault wit
intent to kill and assault with a deaf
ly weapon; J. A. Jackson, one year t
fifteen months for larceny and recei'
ing stolen property.