Territory of New Mexico v. Cordova

Citations

• 11 N.M. 367

Syllabus

<p>SYLLABUS.</p> <p>1. Errors relied on, on appeal must be specifically pointed out before they will be considered by the appellate court.</p> <p>2. It is not error for the. court to call the attention of counsel while they are addressing the jury to what the court believes the evidence shows, so that they can correct any statements they may have made.</p> <p>3. Section 2994 of the Compiled Laws of 1897, which provides that the court shall not comment on the evidence, relates solely to the instructions given by the court to the jury.</p> <p>4. In addressing the jury the district attorney said, “Gentlemen, the verdict of the people and the community is that the defendant is guilty.” It is not such language as would justify us in reversing this case, especially as the court announced in the presence of the jury that these words were taken from them. The presumption is. unless the contrary is shown by the record, that all of the acts of the presiding judges during a trial are regular and in accordance with the law.</p> <p>5. Our statute requiring ¡that each instruction should be marked on the margin, either given or refused, refers solely to instructions that may be asked by either party, and not to the general instructions the court gives of its own motion.</p> <p>6. When the list of the jurors which is furnished to the defendant in capital cases twenty-four hours before trial contains a name that is wrongly copied from the list of jurors, it is not reversible error unless the defendant objects to going to trial unless a correct list is furnished him.</p>