State v. Sanchez y Armijo

Citations

• 18 N.M. 262

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. Tlie admission in. evidence of a confession by the accused' is to be determined by tbe fact of whether the same was made freely and without hope of benefit to his cause.</p> <p>P. 267</p> <p>2. The judge, and as a preliminary without which no confession can go to a jury, determines, on testimony, laid before him, both for and against, whether or not to admit the confession; the burden being on the prosecuting power that tenders it. His decision covers, besides the law, the fact, as to which it is not ordinarily to be disturbed or reviewed; and the jury can pass merely on the effect of the confession in evidence.</p> <p>P. 268</p> <p>3.The court may, even after it has admitted a confession in evidence, rule it out if satisfied that the confession was not free and voluntary, by subsequent evidence.</p> <p>P. 268</p> <p>4. If there be a conflict of evidence and the court is not satisfied that the confession was voluntary, the confession may be submitted to the jury, under instructions' to disregard it if upon all the evidence they believe it was involuntary.</p> <p>P. 268</p> <p>5. This Court will not review the discretion of the trial court in the matter of permitting a child of tender years to be sworn, as • a witness, under the provisions of sec. 3016, Comp. Laws of 1897, except in a clear case of abuse of such discretion.</p> <p>P. 270</p> <p>6. Exceptions to the decisions of the court upon any matter of law arising during the progress of a cause must be taken at the time of such decision and no exceptions shall be taken in any appeal to any proceeding in a District Court except such as shall have been expressly decided in that court.</p> <p>P. 271</p>