State v. Babcock

Citations

• 22 N.M. 678
• 167 P. 275

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. There was no error in denying the reguest made by the attorney for the defendant to let the jury upon retiring for' deliberation take with them diagrams or maps which had been used in the trial of the cause and offered in evidence. P. 679</p> <p>2. Questions, not jurisdictional,, not presented to trial court in the motion for new trial, will not be considered on appeal.</p> <p>• P. 682</p> <p>3. Where a ver'dict is supported by substantial evidence, it will not be disturbed upon appeal. P. 682</p> <p>4. Maps and diagrams showing the location and scene of crime are not “instruments of writing” within the meaning of Cope 1915, § 4469, providing that “when the jury retires to consider its verdict, it shall be allowed to take * * * any instruments of writing admitted as evidence, except depositions.” P. 680</p>