State v. Jacoby

Citations

• 25 N.M. 224
• 180 P. 462

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where there is a material variance between the allegation and the proof, and the defendant is for that reason acquitted, the acquittal is not a bar to a further prosecution under an indictment charging' the offense according to the fact. P. 225</p> <p>2. The facts attending the denial of a continuance examined, and held to authorize the action of the court. P. 227</p> <p>3. The examination of jurors as to their freedom from bias and prejudice examined, and held to justify the action of the court in overruling challenges for cause by appellant.</p> <p>P. 227</p> <p>4. Where the appellant had been admitted to bail and voluntarily absented himself from the trial for a minute or two after the time to which the court had adjourned, it was not error to allow the district attorney to proceed with his closing argument to the jury in appellant’s absence. P. 227</p> <p>5. Where the court after a colloquy with counsel for defendant announced that defendant had no ground for a motion for continuance, which was in fact only a verbal application to the court, its action is not reviewable on appeal. P. 227</p>