Territory of New Mexico v. Clark

Citations

• 13 N.M. 59

Syllabus

<p>SYLLABUS.</p> <p>1. Assignments that the court erred in the 5th, 6th, 12th, 13th, 14th and 15th paragraphs of his instructions to the jury, not specifying the vice or error in such charges, will not be considered on appeal.</p> <p>2. Where, in a prosecution for larceny of a horse, there was a substantial conflict in the evidence, a conviction will not be reversed on appeal as unsupported by the evidence.</p> <p>3. In a prosecution for larceny of a horse, evidence held to sustain a conviction.</p> <p>4. Where, in a prosecution for larceny, the court suspended the trial during the examination of the first witness because of the drunkenness of defendant’s counsel, and notified both defendant and his counsel that the latter would not be allowed to appear in the case in a drunken condition, and that defendant had better arrange for a proper defense, and, when the session was resumed, defendant was accompanied by the same counsel, and the trial proceeded without further reference to his counsel’s incapacity — the first witness being fully examined by defendant’s counsel after tbe resumption of tbe trial — a refusal of tbe court to grant a new trial on tbe ground tbat defendant’s attorney was drunk during tbe trial was not an abuse of discretion.</p>