State v. Padilla

Citations

• 18 N.M. 573

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. Tbe correctness of instructions given by tbe trial court will not be reviewed by tbe Supreme Court, unless exception, is taken to tbe giving of sucb instructions at tbe time they were given.</p> <p>P. 57ff</p> <p>2. Tbe failure of tbe court to instruct tbe jury on all of tbe law applicable to tbe case cannot be taken advantage of,, unless excepted to at tbe time tbe jury is instructed.</p> <p>P. 576¡</p> <p>3. A variance between tbe allegations in tbe indictment and tbe proofs at tbe trial cannot be raised on a motion for a new trial and cannot be assigned as error in tbis Court unless tbe question was raised at tbe trial of tbe case and tbe court trying tbe same given an opportunity to pass upon tbe question.</p> <p>P. 577'</p> <p>4. Where there is substantial evidence to support a verdict tbe appellate court will not disturb it.</p> <p>P. 578</p> <p>5. A new trial on tlie ground of newly discovered evidence will not be granted for evidence that was known to defendant at the time of tbe trial.</p> <p>P. 578</p>