El Nuevo mexicano., 1918-04-04
PUBLIC LAND CASE
DECISION UPHELD BY
THE SUPREME court
NEW TRIAL ORDERED IN RAPE
CASE; BURGLARY VERDICT IN
VALENCIA WILL eTAND

The supreme court . decided tho
following cases today.t
Harry Dallas, ct al, appellants, VS..
r. y. Singert, ct al, appeIlees, No.
2035 Chaves county.
This proceeding originated in the
form OF a contest before the cons.
missioner of public lands, wherein
the validity of leases held by appel.
lees covering certain school sections
was attacked, and an appeal was
taken from the decision Of the COM
missioner to the district court of
Chaves county, and this appeal Is
now taken from the final judgment
of the court below rendering judgt
ment in favor of the validity Of the
leases by the commissioner Of pub
lie lands to the appellees and against
the contentious of the contestants,
appellants.
Judgment of the court below af-
firmed.
syllabus by the Court
Secs. 6 and II Of the Enabling Act
Of New Mexico, (36 Stat. 557) and
the act oil, congress approved AU-
gust IS. 1894, (2S stat. S94), inter
preted, and held to operate as d
present grant to the state Of school
sections, subject only to Identified
ton by survey, w%hereupon title vest
ed in the state as of date Of the
enabling act. Under the terms OF
the enabling act, as soon as such
lands are surveyed In the field the
state acquires such an interest there
in as entitled it to take possession
thereof or to lease the same to
private persons.
Opinion by Justice Parker, Chief
Justice Hanna and Justice Roberts
concurring.
New Trial In Rape Case
State of New Mexico, appellees, vs..
Robert l.. Duckett, appellant
This is an appeal from a convic-
ton in the district court on an in
dictment for rape, from a Judgment
and sentence against appellant this
appeal is prosecuted. Judgment re-
new trial granted.
syllabus BY the Court
/. On order to convict a man Of
assault with intent to rape the state
must establish by the evidence, to
the satisfaction OF the jury and be-
yund a reasonable doubt, that the &C
cused intended to have intercourse
with the female by force and against
her will, and that he not only used
lorce where an assault is charged,
but used such force with the inten-
lion at the time to have sexual inter
with her in defiance OF, and
Notwithstanding any resistance she
might make.
Opinion by Justice Parker, Chief
Hanna and Justice Roberts
,oncurring.
Burglary Verdict sustained
State Of New Mexico, appellee, vs.
Domingo Bales, appellant. No. 2124,
.3ernalillo county.
The appellant, Domingo Bales,
vas indicted for burglary, in the dis
court for the county Of vaien-
la. He was found guilty Of that
rhine in the district court for the
county OF Dernaliilo, and has per.
ected this appeal.
Judgment Of the court below at.
Syllabus BY the Court
4, The word district" as used In
IA, Article 3, state constitu-
ion, is descriptive Of the territory
which In legal contemplation com-
the visne over which the jur-
sdictioh Of the court for the puf-
lose of prosecutions for crimes and
.nisdeneanors extends.
2. Where the venue in a criminal
ase is charged at the instance of
he accused, he will not be heard TO
~uestipn its regularity after select,
ng for himself the plaee of trial.
g.. Alleged remarks Of tho trial
curt supposed to have been made 70
he jury in another case will not be
onsidered when the same has not
cen authenticated BY having been
made a part Of the record BY hill ~
xeeptions, or otherwise.
4. Where there is substantial owl
ence to support the verdict Of 4
ny. the same viii not be disturbed
n appeal.
Opinion by Justice Parker Chief
Hanna and Justice Roberts