State v. Goodrich

Citations

• 24 N.M. 660
• 176 P. 813

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where there is substantial evidence to support the verdict of the jury, the same will not he disturbed on appeal.</p> <p>P. 662.</p> <p>2. Where title to or right of possession of real estate is only collaterally involved, the best evidence rule does not apply, and the same may he shown by parol evidence. P. 662.</p> <p>3. In the absence of an offer of proof, as the rule is laid down in State v. McCracken, 22 N. M. 588, 166 Pac. 1174, the-action of the court in excluding the evidence cannot he attacked on appeal. P. 663.</p> <p>4. Requested instruction is properly refused where court’s instructions cover the law. i P. 664.</p> <p>5. A requested instruction is properly refused, where there is no evidence to support the same. P. 664.</p> <p>6. A requested instruction on the abstract proposition that the defendant is presumed to he a man of good moral character, etc., is properly refused, where the same is unsupported by affirmative proof. P. 665.</p> <p>7. The use of the words, “it is for you to determine from all the evidence whether such defense is made in good faith or is a mere pretense,” in an instruction on self-defense, does not constitute a comment on the weight of the evidence, nor is the same improper as unduly directing attention to a contention of the state. P. 665.</p>