LOVATO v. NEW MEXICO

No. 123.

242 U.S. 199 (1916)

LOVATO v. STATE OF NEW MEXICO.

Supreme Court of United States.

Decided December 11, 1916.


Attorney(s) appearing for the Case

Mr. T.B. Catron for plaintiff in error.

Mr. Frank W. Clancy, Attorney General of the State of New Mexico, for defendant in error.


MR. CHIEF JUSTICE WHITE delivered the opinion of the court.

In the District Court of the Territory of New Mexico the accused, on May 9th, 1910, pleaded not guilty to an indictment for murder. On May 24, 1911, without withdrawing his plea he demurred to the indictment on the ground that it charged no offence. The demurrer was overruled and, both parties announcing themselves ready for trial, a jury was impanelled and sworn...

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