7 N.M. 554 | N.M. | 1894
The appellant, Manuel G. Gomez, was indicted by the United States grand jury for the First judicial district court for the territory of New Mexico, at the January, A. D. 1893, term of said court, under the provisions of section 5506 of the. Revised Statutes of the United States, charging, in suKstance, that he, being the clerk of school district number 2, in Taos county, New Mexico, neglected and refused to receive the poll taxes of Benedicto Lopez and Jose A. Santistevan, who were entitled to vote at the general election held on the eighth day' of November, A. D. 1892, upon the payment of their poll taxes, which they had the right to pay, and offered to pay, to the defendant and appellant within the time allowed by law; and at the May, 1894, term of said court, the defendant was arraigned, entered a plea of not guilty, and was tried upon the indictment; and the jury found the defendant guilty, and so returned a verdict, whereupon the defendant filed motions for a new trial and in arrest of judgment, both of which motions were denied and overruled, and the court passed judgment on defendant, and fixed his punishment at the term of two months’ confinement in the New Mexico penitentiary, and sentenced him accordingly, from all of which rulings and judgment of the court below, the defendant brought his case here by an appeal.