State v. Roberts

Citations

• 18 N.M. 480
• 138 P. 208

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. Where, in a prosecution instituted for a violation of sec. 79, C. L. 1897, the indictment charges that the defendants “then and there, unlawfully and feloniously did take, steal and knowingly drive away, etc.,” the animal in question, it is not necessary to further allege that the owner was. thereby deprived of the immediate possession of the animal.</p> <p>P. 483</p> <p>2. The verdict of a jury will not be set aside on appeal when it is supported by substantial, evidence.</p> <p>P. 485.</p> <p>3. Upon cross examination the State has the right to ex- • pose to the jury the relations existing between the witnesses testifying and the defendant, and the fact that the witnesses have been frequently used by the defendant to establish an alibi was proper to go to the jury for the purpose of weakening the evidence given by the witnesses on their direct examination.</p> <p>P. 486</p> <p>4. Evidence that a witness for the State expects to receive a reward upon conviction of the accused can properly be elicited upon cross examination of such witness for the purpose of showing his interest in the result of the prosecution.</p> <p>P. 486.</p> <p>6. Such witness, however, cannot be interrogated as to a reward offered for the arrest and conviction of parties other than the defendants, or in which the witness had no prospective interest.</p> <p>P. 486</p> <p>6. Where, on cross examination, a witness is asked a question the answer to which calls for an explanation, the adverse party has the right, on. redirect examination, to ask the witness to explain the same.</p> <p>P. 48T</p>