State v. Chavez

Citations

• 19 N.M. 325
• 142 P. 922

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sections 2986'and 2987, C. L. 1897,-requires a continuance of a cause for absence of a witness only in case the applicant has “no other witness by whom such facts can be fully proved.” Where, after the overruling of a motion for continuance, the desired fact is fully proved by other witnesses, the ruling of the court in denying the continuance, even if technically erroneous when made, is rendered harmless.</p> <p>- ■ P. 328</p> <p>2, 3, 4. Assignments of error held not available upon well established rules of practice.</p> <p>P. 328</p> <p>5. An instruction that “there has been manifest perjury by witnesses who have testified in this case, as counsel for both sides have claimed in their argument. They, of course, differ as to which witnesses have testified falsely. It is for you to determine from all of the evidence, which includes the appearance of the witness when testifying as well as what they said, what evidence you credit,” held erroneous, as violative of Section 2994, C. L., 1897, which forbids comment by the court upon the weight of the evidence.</p> <p>P. 330</p>