Ruiz v. Territory of New Mexico

Citations

• 10 N.M. 120
• 10 Gild. 120

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Murder — -Sufficiency of Indictment.- — The omission of the word “unlawful” in an indictment for murder in this Territory is not a fatal defect, where the indictment, as in this case, clearly and distinctly alleges the facts showing a murder by the unlawful killing of a human being, with malice aforethought. It is not necessary to use the very words of the statute defining the offense; it is sufficient if those used convey the same meaning.</p> <p>2. Murder — Intoxication as a Defense. — Where, upon a trial for murder, the defense interposed was, that the defendant was so grossly intoxicated that he was incapable of forming the necessary intent, the evidence showed that without provocation the defendant fired two shots, both of which took effect, killing one and injuring another of three,children engaged at play; that the defendant ran away in an attempt to escape, and changed horses after firing the shots. Held: That the evidence sustained the verdict of guilty of murder in the first degree, returned by the jury.</p> <p>3. Criminal Law — Continuance—Constitutional Law. — Where a defendant secures evidence in his favor, by an admission that an absent witness would so testify if present, and such evidence is admitted, over his objection that he is entitled to have such witness present. Held: Not a violation of his constitutional right to face the witnesses testifying against him.</p>