State v. Morris
Decision Date | 22 August 1961 |
Docket Number | No. 6870,6870 |
Parties | STATE of New Mexico, Plaintiff-Appellee, v. John H. MORRIS, Defendant-Appellant. |
Court | New Mexico Supreme Court |
Dan Buzzard, Clovis, for appellant.
Earl Hartley, Atty. Gen., Thomas O. Olson and F. Harlan Flint, Asst. Attys. Gen., for appellee.
The defendant, John H. Morris, was charged in Curry County, New Mexico, by information with having embezzled $1,482.35 while being entrusted with the same by fraudently converting the same to his own use, contrary to the provisions of Section 40-45-19, N.M.S.A.1953 Comp. After trial before the court without a jury, the record discloses that no formal judgment or sentence was entered by the court but the following statement by the court appears:
This appeal is from the above statement by the court appearing in the stenographic record. A basic jurisdictional question, not raised by the parties, is presented at the very outset. Was there a final judgment in this case from which an appeal can be taken, and does the appellate court have jurisdiction? The fact that the jurisdictional question is not raised by the parties is of no consequence. William K. Warren Foundation v. Barnes, 67 N.M. 187, 354 P.2d 126.
Our rule applicable to civil appeals. Rule 5, subd. 1, as amended (Sec. 21-2-1(5), subd. 1, N.M.S.A.1953 Comp., Pocket Supp.) is as follows:
Rule 5, subd. 3 of the Supreme Court rules (Sec. 41-15-1, N.M.S.A.1953 Comp.) governing procedure on appeals in criminal cases reads:
'The procedure on appeals and writs of error in criminal cases shall be governed by the procedure on appeals and writs of error in civil cases except as otherwise specified by law or rule of the Supreme Court.'
In the absence of an express statute or rule, no appeal will lie from anything other than a formal written order or judgment signed by the judge and filed in the case or entered upon the records of the court and signed by the judge thereof. State v. Thorne, 39 Wash.2d 63, 234 P.2d...
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1998 -NMCA- 157, Enriquez v. Cochran
...record normally supersede oral rulings, and oral rulings cannot normally be used to contradict written orders. See State v. Morris, 69 N.M. 89, 91, 364 P.2d 348, 349 (1961) ("An oral ruling by the trial judge is not a final judgment. It is merely evidence of what the court had decided to do......
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State v. Gissel
...signed by the judge and filed in the case or entered upon the records of the court and signed by the judge thereof. See State v. Morris, 69 N.M. 89, 364 P.2d 348 (1961), citing State v. McClain, 186 Tenn. 401, 210 S.W.2d 680 (1948) and State v. Thorne, 39 Wash.2d 63, 234 P.2d 528 (1951). Se......
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Public Service Co. of N. M. v. Wolf
...timely. The timely filing of a notice of appeal is jurisdictional. Curbello v. Vaughn, 76 N.M. 687, 417 P.2d 881 (1966); State v. Morris, 69 N.M. 89, 364 P.2d 348 (1961); King v. McElroy, 37 N.M. 238, 21 P.2d 80 (1933); D. M. Miller & Co. v. Slease, 30 N.M. 469, 238 P. 828 (1925); Associate......
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State v. Nehemiah Child G.
...us from considering it, because the issue involves this Court's appellate jurisdiction. See State v. Morris , 1961-NMSC-120, ¶ 2, 69 N.M. 89, 364 P.2d 348 ("The fact that the jurisdictional question is not raised by the parties is of no consequence."); William K. Warren Found. v. Barnes , 1......