State v. Chacon

Citations

• 19 N.M. 456

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Under Section 47, Chapter 57, S. L., 1907, which grants the right of appeal to the Supreme Court in criminal cases in the following language: “In all cases of final judgment rendered upon any indictment, an appeal to the Supreme Court shall be allowed if applied for during the term at which such judgment was rendered”, the right of appeal is limited to final judgments rendered upon an indictment, and no right of appeal will lie from a judgment of the district court committing a person to jail for a criminal contempt.</p> <p>P. 459</p> <p>2. Section 2, Article VI, of the State Constitution, which provides that “The appellate jurisdiction of the Supreme Court shall be co-extensive with the State, and shall extend to all final judgments and decisions of the district courts”, simply defined the appellate jurisdiction of the Supreme Court and does not undertake to grant to a litigant a right of appeal to that court. P. 460</p> <p>3. Although the constitution creates a court with general appellate jurisdiction, as to all final judgments and decisions of district courts, such jurisdiction may only be invoked pursuant to a statute or constitutional provision conferring the right of appeal and prescribing the procedure.</p> <p>P. 461</p>