State v. Valencia

Citations

• 19 N.M. 113
• 140 P. 1119

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Dying declarations, being in tbeir nature secondary evidences and subject to many infirmaties, are not ordinarily entitled to tbe same weight or credence as living witnesses under oath and subject to cross examination, the question of weight being one for the jury, and, it is error to instruct the jury that such evidence is of no more weight than if the deceased was present and testifying, because such instruction is calculated to lead the jury to consider that dying declarations are entitled to the same weight as the testimony of living witnesses under oath and subject to cross examination.</p> <p>P. 117</p>