State v. Orfanakis

Citations

• 22 N.M. 107
• 159 P. 674

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where there is sufficient evidence to justify the conclusion that different persons charged with a crime are ail acting with a common purpose and design, the actions and declarations of each from the commencement to the consummation of the offense are evidence against the others.</p> <p>P. Ill</p> <p>2. An exception to an instruction is not specific which asserts that the instruction is contrary to law, without pointing out the grounds of legal objections.</p> <p>P. 112</p> <p>3. A requested instruction which is erroneous is properly refused.</p> <p>P. 114</p> <p>4. No error can be predicated on the refusal of the trial court to give an instruction where the instruction given by the court on its own motion fully and completely covered everything contained in the refused instruction.</p> <p>P. 116</p> <p>5. Where there is evidence of motive, an instruction as to the effect of the absence of motive is improper, and should be refused.</p> <p>P. 117</p> <p>6. Ordinarily the verdict of a jury will not be disturbed in the appellate court, where it is supported by any substantial evidence.</p> <p>P. 119</p> <p>7. Where court and counsel assume that testimony would be connected up to show that a conspiracy existed, if the state failed to prove the conspiracy, it was incumbent on the defense to direct the attention of the trial court to that fact, and, having failed to do so, the point cannot be raised on appeal.</p> <p>P. 110</p> <p>8.Exclusion of cross-examination as to whether a certain kind of hat which witness had testified was worn by the accused on the night of the homicide was a popular hat, or one worn by other persons in the town at the time, offered as ■ a test of the witness’ memory about the hat, was not error.</p> <p>P. Ill</p> <p>9. An objection to an-instruction that there was no evidence in the case as to involuntary manslaughter, in the absence of exception or requested instruction on the subject, will not be considered o