State v. Clevenger

Citations

• 27 N.M. 466
• 202 P. 687

Syllabus

<p>SYLLABUS BY THE COUET.</p> <p>(1) A witness may be interrogated upon cross-examination concerning specific acts of moral misconduct and wrongdoing, to affect the credibility of such witness and the weight to be given to his or her testimony, but extrinsic or independent evidence regarding such matters is not admissib'e, as the cross-examiner is concluded by the answers given by the assailed witness with reference thereto. P. 467</p> <p>(2) Evidence reviewed, and held, that the prosecutrix is not corroborated as is required in a case of this character, and therefore there is not sufficient evidence to sustain the verdict. P. 468</p> <p>(3) In case of this kind, it is error to refuse a proper tendered instruction of a cautionary character advising the jury of the nature of the case, the ease with which an accusation of this kind may be lodged and the difficulty of defending against the same, and the necessity and extent of resistance required of the prosecutrix as well as the force used to overcome the same, where no proper instruction covering the subject is contained in the court’s general instruction. P. 471</p>