State v. Calhoun

Citations

• 23 N.M. 681
• 170 P. 750

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Applications for continuance may be amended but once, with the consent of the court. The action of the court in refusing to permit the application to be amended will be set aside for abuse of discretion only. P. 683.</p> <p>2. The granting of a motion for continuance is within the exercise of sound discretion of the trial court, and will not be reviewed in the absence of a gross abuse thereof P . 684.</p> <p>3. A requested instruction incorrectly stating the law is properly refused. . P. 685.</p> <p>4. Where an illegal arrest is made by an officer, the person arrested may resist the same, or the continuation of custody thereunder, but not to the extent of excessive violence. ■ • P. 686.</p>