In re Lujan

Citations

• 18 N.M. 310
• 137 P. 587

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. Where a District Court is without power to suspend the execution of the judgment in a criminal cause, or to withhold the commitment, an order so made, attempting to do so, is null and void and without force and effect, and amounts to surplusage.</p> <p>P. 313</p> <p>2. Where a defendant, duly sentenced by a District Court ■to serve a definite term in the State penitentiary, is permitted to go and, remain at large, under a void order- of the Court, he may he taken into custody and compelled to serve the term fixed in the judgment, even though a longer period of time than that for which he was sentenced has elapsed since the sentence was imposed.</p> <p>P. 314</p>