Territory of New Mexico v. Baca

Citations

• 11 N.M. 559

Syllabus

<p>SYLLABUS.</p> <p>1. Presumption of innocence is a matter of evidence in favor of the defendant, and it is error to exclude it from the consideration of the jury.</p> <p>2. It is error for the court, in a criminal case, to omit to instruct the jury as to the law of the case, whether requested so to do or not.</p> <p>3. It is the duty of the court in its instructions to tell the jury in clear and concise language, what the essential elements of the crime charged are. It is error to refer the jury to the indictment to ascertain them.</p> <p>4. It is the duty of the court to instruct the jury, in a criminal case, on each theory of the defense, where there is any evidence tending to establish it.</p>