Territory of New Mexico v. Alarid

Citations

• 15 N.M. 165

Syllabus

<p>SYLLABUS (BY THE COURT.)</p> <p>1. On an indictment which, charges that the defendant made an assault upon a person named, with a gun loaded with gunpowder, and a leaden ball and discharged the loaded gun at and against such person with the premeditated intent of killing him, there may properly be a conviction of assault with a deadly weapon, as all the essential elements of that crime are alleged.</p> <p>2. An erroneous instruction as to assault with intent to kill does not vitiate a conviction of assault with a deadly weapon on the same indictment, unless it is made to apply to that crime as well as the other, and if it is made so applicable by request of the defendant, without calling the atten-, tion of the court to the erroneous feature of the instruction, the defendant is not entitled to a new trial on account of the error so induced.</p> <p>3.. Under the circumstances disclosed in the record it was properly left to the jury to determine whether a threat made by the defendant, according to evidence for the Territory, related to the man on whom it was- alleged the defendant shortly after made the assault charged.</p>