State v. Parry

Citations

• 26 N.M. 469
• 194 P. 864

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The power to regulate the order oí precedence in the trial of cases rests in the discretion of the trial court, and the defendant, in the absence of a showing of diligence, cannot complain of the taking up for trial of the last of three cases set for trial on the same day instead of one of the other two cases. P. 47.1</p> <p>2. In the absence of a showing of diligence on the part of the defendant, he cannot complain of the refusal of the court to delay a trial from 9 o’clock a. m. to 2 o’clock p. m., of the same day, to enable the defendant to obtain the attendance of witnesses. P. 472</p> <p>3. Non'consent of tke owner to the killing of an animal is as essential under section 1613, Code 1915, as it is to the taking, stealing and carrying away in larceny at common law. P. 473</p> <p>4. The nonconsent of the owner to the larceny or killing of an animal may in all cases be shown by circumstantial evidence, and there is no rule of law requiring the owner’s direct evidence to such nonconsent.' . P. 474</p>