Report of Cases Determined in the Supreme Court and Court of Appeals of the State of New Mexico Volume 2
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...this particular crime: "As we leave this subject, let us bear in our minds that embezzlement is merely a statutory offense, not an offense at the common law, and that the statutes creating it differ somewhat in their terms. Let us remember that we are now upon La branch of the law not very thoroughly considered in our books, and not as yet expanded by judicial decision to its ultimate and complete proportions and that we merely respect the modern English adjudications, but do not seriously follow them. The legal difiiculty is to know, and state in the indictment what particular coin or bank notes are embezzled. This difiieulty merely runs the question into one of pleading, and we may observe that a court departs from its duty when it does not allow some form of pleading to cover every form of ofiense known in the law. The law of embezzlement is not so firmly fixed in the adjudications of any one of our states as to render improper a fresh examination of it by the judges, in the light of our judicial science, and in the experience of past imperfection and present necessities, as well as of actual judicial decision: " 2 Bish. Cr. Law, 366 to 370. The judgment of the court below is afiirmed. All concur. Pmcrrcn. (1) Appearanre to mane to quash writ ofattaehment for irreg ularity, not general, but sptcial. SAME. (2) Fbrtheorni-ng bond in attachment not a general appearance or waiver of irregulari!a'es. Arucnmnnr. (8) Effect of forthcoming In/ltd. PnAcrrcn. (4) Judgment by default assumes no appearance to ha/ve been maIle. Sum. (5) 'W/ten judgments nit dieet and rm ground of non-appeamnre should be rendered. SAME. (6) Judgment by default, ushat necessary to authorize in attachment. Arracnmnnr. (7) Power of probate clerks to issue...
- Paperback | 178 pages
- 189 x 246 x 10mm | 327g
- 13 Sep 2013
- United States
- Illustrations, black and white