Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1916-02-23
BUSY HOLIDAY
IS PUT IN BY
SUPREME COURT
Ten Opinions Handed Down on
Anniversary of George and
His Hatcheti Interesting
Points Of Law Decided.

ESPECIAL coeRasroNosscs TO MORNING JoURNsS
Santa Fe, Feb. 22.--Evidently in
celebration of Washington's birthday
anniversary, the state supreme cout to-
day handed down ten opinions They
are in the cases of State, appellee, VS.. W..
A. Strickland, appellant, from Roose-
welt county, reversed with instructions
to sustain demurrer to the indictment.
Till Walters, appellee, VS.. William Bat
tenfield, appellant, from Roosevelt
county, reversed and remanded. j. A,
Wilson, ct al, appellees, VS.. j. Robin
son, ct al, appellants, from Roosevelt
county, affirmed. State, appellee, VS..
Albert Johnson, from Grant county,
affirmed; State, appellee, VS.. Joe cop
pinger. appellant, from San Juan coun-
ty, affirmed Charles i. Bruton. appel
lees, vs.. John Il. Sakariason. from So
zorro county, reversed, with instruc-
lions to award now trial; c. NJ Ar
mold and +. A. Warren, appellees, vs.
NJ V. Wells and NJ. NJ. Wells, appel
lants, from Chaves county, reversed
Adelina II. Jaramillo, appellee, VS.. D.
!. Lovelace, appellant, from Guadalupe
county. reversed; State, appellee, VS.
John Riley. ct al, appellants, from
Quay county, reversed; A. A. Strick-
land VS.. j. w. Johnson, ct al, appel
lants. from Chaves county, affirmed
State VS.. Strickland.
This is an appeal from the judg-
ment of the district court of Roose-
welt county, sentencing appellant to
serve a term in the state penitentiarS
for q violation of the provisions OF
section 1884, Code 1915, which pro-
vides: If any person. either verbally
or by any written or printed commun-
icatlon, shall maliciously threaten
etc"
The cause is reversed with directions
to the trial court to sustain the de-
murrer to the indictment. Opinion by
Chief Justice Roberts Justices Hanna
and Parker concurring.
Syllabus by the Court.
In charging an offense under Sec
ton 1884, Code 115, it is necessary &c
allege and prove that the defendant
maliciously threatened injury TO thu
person or property of another, with
intent, etc. and where an indictment
simply charges that defendant threat
ened another without alleging thai
such threat was to injure the person
or property Of such other, it is insult
ficient.
Walters vs.. Batteniicld.
This is an action brought in The
district court for Roosevelt county by
plaintiff, Till walters, against defend
ant. William Battonfield, to recover
five hundred dollars as commission
for services rendered in ~ real estate
transaction between defendant aud j
w. Greenwood. From a Judgment II
favor of plaintiff for four HUNDRED
dollars. defendant appeals. Judgmen
lower court reversed and case re
manded for a new trial Opinion b,
Justice Hanna. Roberts, c. j. anC
Parker J. concur.
syllabus by the Court.
]. A narration of facts in an an
swcr, in thd form of new matte
which could all be properly prove
made by the defendant constitutes al
argumentative answer.
. Where an issue is formed by
general or specific denial, but defend
ant improperly attempts to add t.
the efficacy of the denial by narrat
ing facts, all of which were provabl
under the general or specific denial
The burden Of proving the facts con
shutting the issue made by the denia
does not rest upon the defendant.
Wilson vs.. Robinson.
This Is a suit involving trade o
property in Roosevelt county an
Kansas City, Kansas. Wilson the ap
pellee, was the owner Of 800 acres o
land in Roosevelt county, he desire
TO trade it for city property and go
into communication with one S. /