Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-05-09
IS
MANSLAUGHTER,
COURT SAYS
''Third Degree" Finding by
Jury Does Not Affect Yer
dict; Federal and Supreme
Courts Busy in Santa Fe
This Week.
Especial Correspondence 10 ere Essrnsa

Especial Corresponaenea Go the EssrnsaD
Santa Fc. n. NJ. May S.--The state
supreme court met this morning with
Judges Roberts. Hanna and Parker
on the bench and Jose u. senn. clerk.
In attendance. The following cases
were disposed Of
No. 1885,. Joseph Brown. Oliver. OF
al. appellants. W. jose Enriquez. APP
pellee, appeal dismissed and cause re-
man6ed.
No. 1853. Justiano Gutierrez. appel
lee. Va NJ. s. Wiley. appellant, con-
tinued until September session.
No. i445. Las Vegas Railway and
Power company, ct AL, appellants, vs.
The Trust Company OF St Louis
County (trustee). appellee. argued
and submitted.
No. 1898. Mays vs.. Baasctt. jude-
ment affirmed.
Case No. 1885. Territory Of New
Mexico VS.. Felix Munix, and Manuel
Duran. appellants. appesl from the
district court OF Taos county, IL an In.
teresting one. The syilabuu for this
case reads;
4. 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 manslaugh-
ter. third degree" A motion was
made IN arrest Of Judgment. upor
the ground that tho jury aid not con-
vict the defendants OF any crime rec
ognlzed or existing under the laws OF
tho territory OF New Mexico. there
being no degree OF manslaughtef
known as third degree. The motion
was overruled The words OF the
verdict. guilty OF granddaughter. e
were q full and complete finding, and
the super-added expression. third
degree" Is meaningless and 20 DO
treated az surpiusage.
3 An instruction that, ri you boz
lleve that any witness has willfuliy
testified falsely In any particular, YOU
have the right wholly 80 disregard all
tho evidences OF that witness" 10 err
roneous In not limiting the false tosti-
mony. upon the falslty OF which the
jury might disregard ali the evidence
OF witness. 10 some material fact
The judgment OF the lower court
In this case was reversed and a new
trial granted.
Opinion BY r. II. Hanna, ala con-
curring.
FEDERAL Court.
The United states district oourl
convened al the federal building with
Judge william n. Pope on the bench
and Harry Ice, clerk, IN Attendance
The following attorneys were upor
motion admitted 20 practice law Il
the court: y. r. Wright. 5. p. Davis
Jr., l.. o. Moore. H. T. Ortiz. w
H. Aildredge. Reed ffellOman. Charles
Springer. George 8. Kiosk, Louis g
ufdld and -. W. Do0son
Petit Jurymen.
The following were the venlremoi
accepted 20 serve on the petit iuries
i.eandro sena. Santa Rosa; Jose San
chez. bernardo; Lucas zamora. Man
zano; Elias vigil. Albuquerque; Al
frodo Gonzales. San Patrlcio. W. q
: Brown Carlsbad g. Padllla, Las We
! gas. j. n. Wood, f.akowoodi j, s
Bell Blaektower, Reyes Martinez, Ar
I r0yo Hondo Reyes Cordoya. Cordova
samuel Anderson. Rogers. fred
Reck. RoaWelli W. C.. Conway. Grady
. q. N. Martin, portaies, J. l.. MELON
. aid. Pennington; Juan y. 0aneEol
r clyde; William Butler. Farnlngton
= Frank Crospin. Vaughn Manuel !
= Marines. Chimayo.
q Minor Judgments ana Orders.
+ The following we're tho cases all
o posed Of.
United states versus Maraarllo RI