State v. Bailey

Citations

• 27 N.M. 145
• 198 P. 529

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Appellant cannot predicate error upon the action of the trial court in improperly overruling his challenge to a juryman, when at the final impaneling of the jury he had not exhausted his peremptory challenges and the objectionable juryman was not forced upon him. P. 152</p> <p>2. Evidence of threats is admissable in a case of homicide, although no one is definitely designated. P. 152</p> <p>3. The reputation of the deceased as a man of peaceable character is competent evidence on behalf of the prosecution after such character has been attacked and put in evidence by the defense. P. 153</p> <p>4. Proof of a witness’ particular overt acts of wrongdoing is ordinarily relevant as impeaching evidence. The extent of such examination rests largely in the discretion of the trial court. P.' 154</p> <p>5. Where instructions given are correct and cover the same ground as those requested, or where those requested incorrectly state the law as applicable to the case, the instructions requested are properly refused. ' P. 155</p> <p>ON MOTION FOR REHEARING.</p> <p>6. In a prosecution for murder, an instruction held fully to cover the defense of accidental discharge of the gun in defendant’s hands thereby killing deceased. P. 158</p> <p>7. In a prosecution for murder, where the defense of accidental killing was interposed, an-instruction that if the jury believed that deceased was .accidentally killed, or if they entertain a reasonable doubt thereon, they should acquit, held correctly refused, as not including all necessary-elements. ' P. 158</p> <p>8. In a prosecution for murder, where the defense of accidental killing was interposed, an instruction in the exact language of Code 1915, § 1472, held properly refused, as being inapplicable and as being abstract. P. 160</p> <p>9. In a prosecution for murder, an instruction held not ■ prejudicially erroneous, although confusing the doctrine of self-defense and the doctrine of defense of habitation. P.