State v. Moss

Citations

• 24 N.M. 59
• 172 P. 199

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mutual combat is one into which the parties enter willingly, and an instruction on mutual combat is properly refused where the evidence does not warrant the same.</p> <p>P. 61</p> <p>2. A verdict of guilty of murder in the second degree will not be set aside because the court erroneously instructed the jury on the subject Of involuntary manslaughter.</p> <p>. P. 62</p> <p>3. The jury in a criminal case is not bound to believe the evidence of a defendant, and may properly take the fact that he is the defendant into consideration, and give .his evidence such weight as, under' all the circumstances, it may think him entitled to, and an instruction that does no more than call the attention of the jury to this rule is not erroneous.</p> <p>P. 63</p> <p>4. It is not error for the court to define a deadly weapon in the terms of the statute.</p> <p>P. 64</p> <p>5. Instruction given by the court, as to credibility of witnesses, approved.</p> <p>P. 64</p> <p>6. It is proper for the court to instruct the jury that the remarks • of counsel are not to be regarded as evidence, and that their verdict must be founded solely upon the evidence and the law as given it by the court.</p> <p>P. 65</p> <p>7. The court properly refused to instruct the jury that, if a person has reason to expect an unlawful attack, he has a legal right to arm himself to resist such attack.</p> <p>P. 66</p>