State v. Lazarovich

Citations

• 27 N.M. 282
• 200 P. 422

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1, 2. In a preliminary hearing of a person charged with the commission of a felony, the justice of the peace constitutes a “court,” and the preliminary hearing a “cause,” within the meaning of section 1663, Code 1915. P. 283</p> <p>3. An indictment under section 1663, Code 1915, in the words of the statute, held sufficient. P. 286</p> <p>4. The indictment having alleged the unlawful purpose of the attempted persuasion or intimidation, it was not necessary to allege that the persuasion or intimidation was done “knowingly.” P. 286</p> <p>5. Under the circumstances, evidence as to larceny of property held admissible. P. 286</p> <p>6. Under the facts of the case, held, that it was immaterial that the record of the justice of the peace showed that certain persons were found guilty of larceny of whiskey. P. 286</p> <p>7. It is discretionary with the trial court whether it will sustain an objection or grant a motion to strike out evidence theretofore admitted without, objection. P. 288</p> <p>8. Evidence establishing a crime for which the accused is not on trial, but relevant to the intent with which the act charged in’the indictment in the instant case was done, held admissible. State v. Starr, 24 N. M. 180, 173 Pac. 674, followed. P. 288</p>