Territory of New Mexico v. McDonald

New Mexico Supreme Court September 13, 1904

Territory of New Mexico v. McDonald, 12 N.M. 423 (N.M. 1904)

Baker, Below, Mann, McFie, Mills, Parker, Pope, Presided

Opinion of the Court

OPINION OF THE COURT.

POPE, J.

1 2 The defendant was indicted for murder at the October term, 1903, of the district court of Eddy county. He was found guilty of murder in the second degree and sentenced to serve fifteen years in the penitentiary. The transcript filed in this court contains an order of the trial judge extending the time for settling the bill of exceptions, but no bill of exceptions was apparently ever tendered or signed. The court is therefore relegated to a determination of the case upon the record proper. Territory v. Archibeque, 9 N. M. 403, and upon a careful examination of this we find no error.

The judgment below is accordingly affirmed.

Baker, McFie, Parker and Mann, JJ., concur. Mills, C. J., did not sit in the case, having presided in the court below.

Reference

Full Case Name: TERRITORY OF NEW MEXICO v. J. E. McDONALD
Status: Published
Syllabus: SYLLABUS. 1. In the absence of a bill of exceptions in a criminal case, this court is confined to a consideration of the case upon the record proper. 2. An examination of the record proper shows no error in this case.