State v. Gonzales

Citations

• 19 N.M. 467
• 144 P. 1144

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. It is well settled in this jurisdiction, that a party, who intends to assign error upon an instruction given by the court of its own motion, or upon request of the adverse party, must either tender to the court an instruction which correctly states the law, and except to the refusal to give such instruction, or, he must, by his exception to the proposed instruction call the attention of the trial court specifically to the error in the instruction proposed to be given, in order that the instruction may be corrected and the error avoided.</p> <p>P. 469</p> <p>2. Ordinarily the verdict of a jury will not be disturbed in. the appellate court when it is supported by any substantial evidence ' P. 470.</p> <p>3. Declarations of a party, other than the defendant, which formed no part of the res gestae, are not admissible in evidence in behalf of a defendant, although they may relate to the admission of the party that he committed the offense with which the defendant stands charged.</p> <p>P. 470</p> <p>4. Where a party asks for a new trial on the ground of newly discovered evidence, he must show that such evidence could not have been discovered prior to the trial by the exercise of due .diligence. P. 471</p>