(DOWNLOAD) "State v. Suddreth" by Supreme Court of New Mexico * Book PDF Kindle ePub Free
eBook details
- Title: State v. Suddreth
- Author : Supreme Court of New Mexico
- Release Date : January 24, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The record on this appeal fails to support defendants exceptive assignment to the denial of his motion to quash the bill of indictment for that, while his appeal from a judgment of Recorders Court upon warrant charging unlawful possession of intoxicating liquor for the purpose of sale on 25 December, 1942, was pending in Superior Court, that court did not have jurisdiction to try him on a bill of indictment, of latter date than the warrant, charging the same offense. The record contains nothing to show that the offenses are the same. There is no admission or finding of fact to this effect, and the fact that both the warrant and the bill of indictment charge that the offense took place on 25 December, 1942, is not sufficient to indicate the identity of offense as a matter of law. Time is not of the essence of the offense, and the exact time need not be specified in the bill of indictment. C.S., 4625; S. v. Williams, 219 N.C. 365, 13 S.E.2d 617; S. v. Moore, 222 N.C. 356, 23 S.E.2d 31; S. v. Trippe, 222 N.C. 600, 24 S.E.2d 340. Hence, the record fails to present conflict of jurisdiction between the Recorders Court under C.S., 1567, and the Superior Court under C.S., 1437. Furthermore, while the record shows that motion to quash was made "before any evidence was offered," it is not clear that the motion was made before plea of not guilty was entered. If not made before such plea, the motion is addressed to discretion of the trial court, and is not reviewable on appeal. S. v. Gibson, 221 N.C. 252, 20 S.E.2d 51.
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