Territory of New Mexico v. Caldwell

Citations

• 14 N.M. 535

Syllabus

<p>SYLLABUS (BY TIXE COURT) .</p> <p>1. When a brand is recorded with the 'Cattle .Sanitary Board all horses, ’ mules, asses or neat cattle branded with that brand are prima facie the property of the person owning, such recorded brand.' ■</p> <p>2. Where an indictment charges that the calf alleged to have 'been stolen was the property of Juan Oasaus y Ben-avides, and the .certificate of the ‘Cattle Sanitary Board was made out in that name, it is not a variance because the evidence shows that the complaining witness was sometimes called Juan Casaus.</p> <p>3. The instruction given by the court which reads, “The possession of recently stolen property, if unexplained, is a circumstance to be taken into consideration by the jury, the same as any other fact or -circumstance in the -case, and given such weight as the jury may deem it entitled, to, -and if in this case you beli-eve from the evidence beyond a reasonable doubt, that the defendants, or some of them, were in possession of the property stolen, if it was stolen, then you may take that fact or circumstance into (.consideration and give it such weight as in your mind it is entitled to”- — correctly states the law in regard to the possession of property soon after it has been stolen.</p> <p>4. If the usual general instruction regarding reasonable doubt is given, it need not be repeated in each instruction which relates to the elements of the crime or the facts in the case.</p> <p>5. It is the duty of the -presiding judge, to instruct the jury fully as to the law i-n criminal -cases, -but if he omits to instruct as to any of the elements of the crime, then it is the duty of the counsel for the defendant to ask for such instruction, and if the -court refuses to give, it, to ex-cept. If counsel fail to ask for an instruction, which they think should be given,* and on the refusal of the court to gi-ve it do not except, they cannot take advantage of it on appeal.</p> <p>6. Where two or more crimes- are -committed, at or