Territory of New Mexico v. Donahue

Citations

• 16 N.M. 17

Syllabus

<p>SYLLABUS.</p> <p>1. Where the objection and exception to the manner of the discharge of the jury were never made a part of the record by a bill of exceptions, the objection not appearing on the record proper nor by bill of exceptions, and as far as the record is concerned, it appears that the jury was discharged without objection and with the implied consent and in the presence of the appellant, the stenographer’s record will not be received to control the record in the case. District of Columbia v. Woodbury, 136 U. S. 450-456.</p> <p>2. Where the district attorney based his motion to .strike on the ground that the allegations of the plea of former acquittal were in contravention of the record itself, an issue was presented which could have been tried only by an inspection of the record and the record disclosing the fact that the plea impeached it, the plea must fail because the record must stand.</p> <p>3. Held to be error to refuse requested instruction correctly construing statute as to competency of witness to testify in hi,s own behalf, the instruction given narrowing the terms of the statute.</p> <p>4. Instruction to jury that reported that they were unable to agree, sending it out for further consideration, held to be correct. Allen v. U. S., 164 U. S. 492-501.</p>