State v. Cabodi

Citations

• 18 N.M. 513
• 138 P. 262

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. Assuming tbe meaning to be plain, false grammar or wrong spelling will not render an indictment insufficient.</p> <p>P. 516-</p> <p>2. A question, not jurisdictional, cannot be raised the-first time on appeal.</p> <p>P. 517</p> <p>3. Where tbe name, Dewey Dimon, appears upon tbe roll' of jurors empanelled to try a cause, and tbe verdict is signed “DeWitt Dimon, Foreman,” and no objection to tbe variance is made in tbe trial court, tbe Supreme Court, on appeal, where the question is first raised, is warranted in assuming that no substitution in tbe personnel of tbe jury was made and that Dewey Dimon named on tbe jury roll signed the-verdict as DeWitt Dimon.</p> <p>P. 517</p> <p>4. Where a complaining party is aware at the time, that tbe interpretation of tbe evidence, by an interpreter, is not correct, it is incumbent upon him to call tbe court’s attention to such erroneous translation, and ask to have it corrected; and, where be has not such knowledge at the time,, but afterwards becomes aware of tbe fact, be must set out all tbe facts in bis motion for a new trial, pointing out therein specifically tbe evidence erroneously translated, and support such contention by affidavit or proof, so that tbe trial court can pass intelligently upon tbe question.</p> <p>P. 518.</p> <p>.5. Under the provisions of section 14, art. II of the State Constitution, the defendant is entitled to have the testimony interpreted to him in a language which he understands. While such right cannot be denied a defendant, it is incumbent upon him to, in some appropriate manner, call the attention of the trial court to the fact that he does not understand the languge in which the testimony is given.</p> <p>P. 519</p> <p>6. The word “charge” used in section 14, article II of the State Constitution, in the clause “to have the charge and testimony interpreted to him in a language that he understands,” refers to the indictment or information, and not the instructi