State v. Analla

Citations

• 18 N.M. 294

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>. 1. Where appellant relies-upon a failure of proof as to ownership of an alleged stolen animal, it is incumbent upon, him to present a.complete transcript of all the evidence adduced in the trial court. Failing to do so, the appellate court will presume that the facts necessary to support the verdict were disclosed by evidence not incorporated in the bill of exception.</p> <p>P. 296</p> <p>2. Nothing is to be presumed in aid of an affidavit in support of a motion for a continuance, and it is incumbent upon the party applying for a continuance to show the materiality of the facts which he claims the absent witness will substantiate.</p> <p>P. 298</p> <p>3. In the absence of a showing of abuse of discretion vested in the trial judge by sec. 12, chapter 116, Session Laws 1905, the appellate court will not review the action -of the court in returning to the jury box the names of veniremen, drawn to complete the pa,nel.</p> <p>P. 298</p> <p>4. Appellant can not avail himself of alleged errors by the trial court in giving, or refusing to give, instructions, where he interposed no objection to the action of the court and failed to save exceptions.</p> <p>P. 299</p>