[Download] "State V. Melendrez" by New Mexico Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: State V. Melendrez
- Author : New Mexico Supreme Court
- Release Date : January 15, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The defendant was tried by a jury and convicted of "Assault With Intent To Murder". The information of the district attorney on which the trial proceeded presented two counts; the first being "Assault With Intent To Murder", and the second, "Assault with Intent to Maim.", both under Sec. 41-606, N.M.S.A.1941 Comp. At the conclusion of the trial the court required the district attorney to elect which of the said counts was to be submitted to the jury, and the district attorney elected to stand on the first count of the information charging "Assault With Intent To Murder." The defendant adequately raised the question that there does not exist under the laws of the State of New Mexico the offense of assault with intent to murder under said Sec. 41-606 of the 1941 Comp., asserting that said section had been changed and superseded by Sec. 41-607 of said compilation establishing the offense of "Assault with intent to kill" and providing penalties therefor and that the offense of "Assault with intent to murder" under Sec. 41-606 was repealed.