State v. Garcia

Citations

• 19 N.M. 414
• 143 P. 1012

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. An exception “to each, and every paragraph of the Court’s charge for the reason that the same, and each and every paragraph thereof, does not charge the law applicable to the cause in governing the same; that such charge, and each and every paragraph thereof, are upon the weight of the evidence and same are confusing, misleading and prejudicial, and are not supported by the evidence; that the charges upon first and second degree murder are prejudicial and not supported by the evidence,” is, except the last clause thereof, too general to raise any question for review in this court.</p> <p>P. 417</p> <p>2. The last clause of the exception is of no avail where defendants were acquitted of murder, and convicted of manslaughter, and no prejudice to them is pointed out on the argument.</p> <p>P. 417</p> <p>3. No error can be assigned for failure to fully instruct the jury where no requests for more detailed instructions are presented.</p> <p>P. 417</p> <p>4. The court has power to examine the witnesses offered in support of a motion for change of venue, and his discretion, ordinarily, will not be disturbed.</p> <p>P. 418</p> <p>5. Where no motion for a directed verdict of not guilty for failure of proof is made, and the fact is not called to the attention of the court in the motion for a new trial, no relief can be granted by this court.</p> <p>P. 418</p>