State v. McCracken

Citations

• 22 N.M. 588
• 166 P. 1174

Syllabus

<p>SYLDABUS BY THE COURT.</p> <p>1. The granting of a motion for continuance is within the exercise of the sound discretion of the trial court, and such discretion will not he reviewed, in the absence) of a gross abuse thereof. P. 589</p> <p>2. As a general rule, in or'der to reserve an available objection to the exclusion of evidence, a proper question must be asked, and, on objection thereto, an offer must be made at the time, showing what evidence will be given if the witness is permitted to answer,, the purpose and object of the testimony sought to be introduced, and all the facts necessary to establish its admissibility. P. 590</p> <p>3. One cannot defend, his property, other than his habitation, to the extent of killing the aggressor, for the mere purpose of preventing a trespass. Held, where a homicide grew out of a dispute between two parties as to the right to the possession of a strip of land, the rightful claimant thereto had not the right to slay the other party, in order that he might enter thereon and construct a fence, and an instruction tendered to the court to the effect that appellant had the right to enter thereon and constr'uct a fence was properly modified by the court, by adding the words, “if he could do so peaceably and without force.” P. 592</p>