Territory of New Mexico v. De Guillen

Citations

• 11 N.M. 194

Syllabus

<p>SYLLABUS.</p> <p>1. Where, in a murder case, there is evidence which if believed by the jury, would sustain a verdict of guilty of murder in some degree, or where, the court would not disturb a verdict of guilty if returned by the jury, it is not error for the court to overrule a motion to instruct the jury to find the defendant not guilty, at the close of the testimony for the prosecution.</p> <p>2. Although the evidence in a murder case may be circumstantial, if the circumstances proven, are such as tend to establish the fact that the defendant committed the deed, and that the hilling was perpetrated with a deliberate and premeditated design maliciously to effect the death of the deceased, or was done by an act greatly dangerous to the lives of others and indicating a depraved mind, regardless of human life; it is not error for the trial court to charge the jury as to murder in the first degree.</p> <p>3. Where, in a murder case the evidence is circumstantial, and there is no eyewitness testifying as to the actual manner of the killing, it is proper for the court to charge the jury as to murder in the second or such other degree as the evidence tends to establish.</p> <p>4.Where in a criminal case there are no formal assignments of error, and the motions for a new trial and in arrest of judgment do not point out specifically wherein error exists in the court’s instructions, general exceptions, will not be considered in this court.</p>