State v. Montes

Citations

• 22 N.M. 530
• 165 P. 797

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. An indictment charging A. with having inflicted a mortal wound upon B. of which mortal wound the said B. thence continually languished until a certain day, the said B. languishing did die, sufficiently alleges that B. died of the mortal wound alleged to have been inflicted by A.</p> <p>P. 532</p> <p>2. (a) Under section 5570, Code 1915, trial of one charged with homicide may take place either1 where the mortal .wound was inflicted or wher'e the person died. Held that, where homicide is prosecuted in county where mortal wound was inflicted, indictment which omits allegation of place of death of deceased is not fatally defective..</p> <p>P. 533</p> <p>(b) Nonjurisdictional questions cannot be raised first' time on .appeal.</p> <p>P.536</p>