209 P.2d 525 (N.M. 1949), 5139, State v. Martin

Docket Nº:5139.
Citation:209 P.2d 525, 53 N.M. 413, 1949 -NMSC- 050
Opinion Judge:LUJAN, Justice.
Party Name:STATE v. MARTIN et al.
Attorney:[53 N.M. 414] Joe L. Martinez, Attorney General, Walter R. Kegel, Assistant Attorney General, for appellee. Fletcher A. Catron, Santa Fe, for appellant Henry P. Martin. Barker & Guthmann, Santa Fe, for appellants Melisendro Lopez and Toribio Martinez. A. L. Zinn, Dean S. Zinn, Santa Fe, for appel...
Judge Panel:BRICE, C.J., and SADLER, McGHEE, and COMPTON, JJ., concur.
Case Date:August 29, 1949
Court:Supreme Court of New Mexico
 
FREE EXCERPT

Page 525

209 P.2d 525 (N.M. 1949)

53 N.M. 413, 1949 -NMSC- 050

STATE

v.

MARTIN et al.

No. 5139.

Supreme Court of New Mexico

August 29, 1949

Henry P. Martin, Melisendro Lopez, Toribio Martinez and Remejio Joe Martinez were convicted in the District Court, Santa Fe County, A. W. Marshall, J., of involuntary manslaughter and they appealed.

Defendant Martin contended that refusal of trial court to permit him, after he had rested, to cross-examine codefendants who gave damaging testimony against him, and refusal to permit him to interpose timely objections to testimony of codefendants, was improper, and the remaining three defendants contended that evidence was insufficient to sustain conviction.

The Supreme Court, Lujan, J., sustained contention of defendant Martin and reversed judgment as to him, and held that evidence was sufficient to sustain convictions of the other three defendants.

Page 526

[53 N.M. 414] Joe L. Martinez, Attorney General, Walter R. Kegel, Assistant Attorney General, for appellee.

Fletcher A. Catron, Santa Fe, for appellant Henry P. Martin.

Barker & Guthmann, Santa Fe, for appellants Melisendro Lopez and Toribio Martinez.

A. L. Zinn, Dean S. Zinn, Santa Fe, for appellant Remijio Joe Martinez.

LUJAN, Justice.

Henry P. Martin, together with Melisendro Lopez, Toribio Martinez and Remijio Joe Martinez were jointly tried upon a charge of having murdered Julian Martinez and were convicted of involuntary manslaughter and sentenced to terms in the state penitentiary. From this judgment and [53 N.M. 415] sentences they have appealed to this court. The parties will be referred to as they appeared in the lower court.

The tragedy, out of which arose the information and conviction of these defendants, took place in a small bar room located in the village of Chimayo, Santa Fe County. At the time there were present besides the deceased, Henry P. Martin, Melisendro Lopez, Toribio Martinez and Emilio Martinez. The defendant Remijio Joe Martinez was not present at the time of the wrestling and injury to deceased. The cause of death of the deceased, it is contended, was injuries to his head inflicted by being violently thrown against the door of the bar room and exposure.

The deceased, Julian Martinez, went to the saloon operated by Willie Martinez, at about 4:00 o'clock on the afternoon of March 23, 1947. He was 54 years old, about five feet six inches tall and weighed around 140 pounds and apparently in good health. Liquor was being sold at the saloon on that day, notwithstanding it was Sunday and against the State law. Every one in the saloon was drinking. About eight o'clock, Martin began to wrestle with the deceased, which match according to eye witnesses was a two round affair. The first time Martin tossed the deceased over his head at and against the base of the stove in the bar room. The deceased got up of his own volition and walked to the end of the bar where he engaged in conversation with one of the patrons. Within a few minutes thereafter, Martin, the superior in physical strength, again grabbed the deceased and tossed him over his shoulder causing him to hit the jamb of the door with his head, thereby inflicting serious injuries and knocking the deceased unconscious. He was picked up from the floor by the defendant Martin and Emilio Martinez and placed on a bench next to some empty beer cases. He never got up nor did he thereafter utter a word. At about midnight the defendants Melisendro Lopez, Toribio Martinez and Remijio Joe Martinez put Julian Martinez in a car, took him about a mile and a half from the saloon and there placed him on the side of the highway where his body was discovered the next morning between 5:30 and 6:00 o'clock by Esquipula Martinez and others. The testimony of these three defendants and that of Emilio Martinez, a state witness, is, that Julian Martinez was dead at the time he was removed from the saloon and placed alongside the highway.

A preliminary examination was made by Dr. Dwight F. Rife, a practicing physician, the next day at about 2:30 o'clock in the afternoon. As a result of this examination, the doctor testified, that in his opinion, death had taken place from sixteen to eighteen hours previous thereto. He...

To continue reading

FREE SIGN UP