State v. McDaniels

Citations

• 27 N.M. 59
• 196 P. 177

Syllabus

<p>SYLLABUS BY THE COURT</p> <p>1. Severance of trial of two or more defendants jointly indicted for the same offense is discretionary with the trial court, and its action will not be reviewed by this court unless .such discretion is abused. P. 60</p> <p>2. Where the court expressly limits testimony as to admissions or confessions made by one defendant to such defendant alone, it is not error to deny a separate trial to each defendant. P. 60</p> <p>3. The admission or rejection of a confession in a criminal case in the first instance is for the court to determine. If, after it is admitted by the court as voluntary, a conflict of evidence arises as to its voluntary character, the question of whether voluntary or not is for the jury under proper instructions. . P. 61</p>