State v. Lucero

Citations

• 20 N.M. 55
• 146 P. 407

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. An indictment, based on the last clause of section 39, art. 4, of the state Constitution, which provides that-any member of the Legislature who shall solicit from any person or corporation money, thing of value, or personal advantage, for his vote or influence as such member, shall be deemed- guilty of solicitation of bribery, need not allege that' the matter was pending in either House of the Legislature, as this portion of the section is designed to denominate as a crime the solicitation of money, thing of value, or personal advantage, by a member of the' Legislature, as such; in . return for the vote or influence of such member, upon any matter which he anticipates might be .brought before the Legislature for consideration.</p> <p>P.59</p> <p>2. Where the meaning of an indictment, when read as a whole, is' clear, and conveys to the defendant full information as to the charge which he is called upon to meet, and sets forth sufficient facts to enable him to plead a-judgment rendered on such indictment in bar of a subsequent prosecution for the same offense, it will be held good on demurrer, notwithstanding the fact that it may be technically inaccurate. Held, that where the charging part of an indictment alleged that the Legislature had before it for consideration the election of two United States Senators,' and that the accused • solicited a bribe as a member of the Legislature, of a stated amount of money from one, naming him, in exchange for his vote and influence as such' member, and that he then and there promised and agreed to vote, etc., as he might be directed by such party, etc., the indictment is sufficient to withstand a demurrer, as that portion- of the charge following the words “then and there” was descriptive'.of the • solicitation, and the indictment, when read as a whole, fully informed the accused of the exact charge which he- was called upon to meet. ■' P. 61</p> <p>3. Section 15, c. 22, Sess. Laws 1909, prohib