State v. Hunt

Citations

• 26 N.M. 160
• 189 P. 1111

Syllabus

<p>SYULABUS BY THE COURT.</p> <p>1. It is within the discretion of the trial judge to admit in rebuttal, or at the time for rebuttal, facts and circumstances which are not strictly in rebuttal, and which should be, or might have been offered in chief. P. 161</p> <p>2. An additional instruction to the jury upon their reporting to the court their inability to agree, calling the attention of the jury to the expense to the county and the defendants of the trial, the length of time it had taken to try the case, and which told them it was their duty to agree if an ag-reement was possible without any juror violating his conscientious conviction, was not erroneous. P. 161</p> <p>3. It is' improper for the trial judge to have any° communication with the members of the jury about the case on trial which is not in open court and in the presence of the defendant. p. 164</p>