State v. Lucero

Citations

• 17 N.M. 484
• 131 P. 491

Syllabus

<p>SYLLABUS (BY THE COURT). •</p> <p>1. The ownership of an animal, alleged to have been ■stolen, may be laid, either in the true owner, or the person .in lawful possession of the animal, as bailee or special owner.</p> <p>2. Where, under a larceny statute, value of the thing or •article stolen is not made material, it need not be alleged, ■and if averred it need not be proved.</p> <p>3. An affidavit, in support of a motion for a new trial «on the ground of misconduct of a juror should clearly identify the juror guilty of the alleged misconduct, and should clearly specify the facts alleged to constitute such mis•.conduct.</p> <p>4. Where there is substantial evidence, supporting the •verdict, the supreme court will not undertake to weigh the «evidence.</p> <p>5. The correctness of an instruction given by the trial ■court will not be reviewed by the supreme court, unless ex-cepitons are saved and an opportunity given the trial court ■to correct the error.</p>