State v. Sedillo

Citations

• 24 N.M. 549
• 174 P. 985

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The method and extent of cross-examination depends largely upon the discretion of the trial judge. Held, that court did not abuse its discretion in permitting counsel for the state to ask the accused, on cross-examination, how he accounted for the brains of deceased and lead from a bullet appearing upon certain rocks found near the body of deceased. P. 553</p> <p>2. The general reputation of the deceased for stated traits cannot be proved by a witness not knowing the general reputation of deceased therefor, but who bases his opinion upon personal knowledge. ' P. 553</p> <p>3. Code 1915, § 1708, construed, arid held that the word “travelers,” as used therein, does not include one who habitually journeys from, his home in a city to his ranch, less than 10 miles distant from his home. Held', further, that accused had reached his objective prior to the occurrence of the homicide , and therefore he was not a traveler, within the meaning of the statute. P. 555</p> <p>4. A requested instruction based upon facts not in evidence is properly refused. P. 557</p> <p>5. A requested instruction containing the law as to the legal effect of shooting into the body of a corpse is properly refused where the court instructed’ the jury that, before they could convict accused of murder in the second degree, they must believe that he inflicted three mortal wounds upon the person of the deceased, from which wounds the deceased then and' there died, the instruction given covering the law of the requested instruction, in different lanJ guage. . P. 558</p> <p>6. Objections to alleged improper argument of counsel must specify the ground thereof, or the same will not be considered on appeal. P. 559</p>