Territory v. Gutierrez.

• Decision Date: 16 January 1906
• Citation: 84 P. 525,13 N.M. 312
• Parties: TERRITORYv.GUTIERREZ.
• Court: New Mexico Supreme Court

13 N.M. 312

84 P. 525

TERRITORY

v.GUTIERREZ.

Supreme Court of the Territory of New Mexico.

Jan. 16, 1906.

Syllabus by the Court.

Section 1168, Comp. Laws 1897, which provides that “every person who shall falsely make, alter, forge, or counterfeit any public record, or any certificate, return or attestation, which may be received as legal proof, or any charter, letter of attorney, policy of insurance, bill of lading, bill of exchange, promissory note, or any order, acquittance, or discharge for money or other property, or any acceptance of a bill of exchange, or promissory note, or any accountable receipt for moneys, goods or other property with intent to injure or defraud any person, shall be punished by imprisonment in the penitentiary,” etc., is a forgery statute and has no application to a genuine certificate, although the statements made therein are untrue.

Appeal from District Court, Bernalillo County; before Justice Ira A. Abbott.

Ignacio Gutierrez was indicted for forgery, and from an order sustaining a demurrer to the indictment the territory appeals. Affirmed.

Section 1168, Compiled Laws of 1897, which provides that “every person who shall falsely make, alter, forge, or counterfeit any public record, or any certificate, return or attestation, which may be received as legal proof, or any charter, letter of attorney, policy of insurance, bill of lading, bill of exchange, promissory note, or any order, acquittance or discharge for money or other property, or any acceptance of a bill of exchange, or promissory note, or any accountable receipt for moneys, goods or other property with intent to injure or defraud any person, shall be punished by imprisonment in the penitentiary, etc.,” is a forgery statute and has no application to a genuine certificate, although the statements made therein are untrue.

G. W. Prichard, Atty. Gen., and F. W. Clancy, Dist. Atty., for the Territory.

E. V. Chaves and Summers Burkhart, for appellee.

MANN, J.

At the March, 1904, term of the district court of Bernalillo county, Ignacio Gutierrez was indicted by the grand jury of said county-the indictment charging “that Ignacio Gutierrez, late of the county aforesaid, on the seventh day of April, A. D., 1903, at the county aforesaid, in the territory of New Mexico, did unlawfully, feloniously, and falsely make, with intent to injure and defraud, a certain certificate of a notary public in relation to the acknowledgment by Jesus Maria Sandoval and his wife, Teodora Armijo de Sandoval, of the execution of a deed from said last-mentioned persons to one Alfredo M. Sandoval, conveying to said Alfredo M. Sandoval a certain tract or portion of land situated in the town of Corrales, precinct No. 2 of the county of Bernalillo, measuring in width from north to south 111 1/2 varas; the boundaries of said land being on the north with lands of Alejandro Sandoval, and on the south with lands of Alejandro Sandoval, and on the east the Rio Grande del Norte, and on the west the seja of the Rio Puerco or the limits of the grant of San Carlos de Alameda, said certificate then and there being in relation to a matter wherein such certificate might be received as legal proof, which said certificate was printed and written in the Spanish language and is as follows, that is to say: “Territorio de Nuevo Mexico, Condado de Bernalillo. Personalmente comparecieron ante mi los Arriba firmados Jesus Ma. Sandoval y su Esposa Teodora Armijo de Sandoval, a quien conosco personalmente de ser las mismas personas cuyos nombres estan suscritos al antecedente traspaso como parte del mismo y cada uno de ellos de por si declara que el mismo, era su acto y hecho, y que voluntariamente firman, sellan y ejecutan el mismo para los usus y fines en el mismo mencionados; y la dicha Teodora Armijo de Sandoval haviendo sido por mi examinada y separada aparte de su dicho marido y habiendole explicado el contenido del antecedente traspaso, siendo primeramente por mi leido y explicado a ella, de por si reconocio, que havia firmado, sellado y ejecutado el mismo como su propio acto y hecho libre y voluntariamente y sin compulsion o influjo ilicito de su dicho marido. En Testimonio de lo cual he puesto mi firma oficial, hoy dia 4 de Agosto d 1900. Ignacio Gutierrez, Notario Publico. [Notarial Seal.]' Of which said certificate the following is a translation into the English language, that is to say: ‘Territory of New Mexico, County of Bernalillo. Personally appeared before me the above signed Jesus Ma. Sandoval and his wife, Teodora Armijo de Sandoval, whom I personally know to be the same persons whose names are subscribed to the foregoing conveyance as party to the same, and each one of them for himself declares that the same was his act and deed, and that they voluntarily sign, seal, and execute the same for the uses and purposes therein mentioned; the said Teodora Armijo de Sandoval, having been by me examined and separated apart from her said husband and having explained to her the contents of the foregoing conveyance, being first by me read and explained to her, for herself acknowledged that she had signed, sealed, and executed the same as her own act and deed freely and voluntary and without compulsion or illicit influence of her said husband. In witness whereof I have set my official signature, this 4th day of August, 1900. Ignacio Gutierrez, Notary Public. [Notarial Seal.]’ Which said certificate, as the said Ignacio Gutierrez then and there well knew, was false in this: that it was not made on the 4th day of August, 1900, and that...