Territory of New Mexico v. Emilio

Citations

• 14 N.M. 147

Syllabus

<p>SYLLABUS.</p> <p>1. Comp. Laws 1897, iSec. 2881, authorizing a change of venue iu a criminal case for local prejudice, is not mandatory, but the court on a showing being made in the statutory form has power to inquire into the knowledge or disinterestedness of the supporting witnesses, ,and deny the application if found to be unsustainable in fact.</p> <p>2. Comp. Laws 1897, Sec. 2897, authorizing -the denial of an application for a continuance for absence of a witness, if the other party will admit that the absent witness, if present, will testify as alleged in the application for continuance, ap; plies to criminal as well as civil cases.</p> <p>3. Accused was indicted April 11, 1905, for homicide alleged to have been committed on April 3d, and was put on trial May 1, 1905. Defendant was- charged with murder by «hooting, and his only defense was that deceased committed suicide. He admitted his presence at the-scene, and testified to the details of the alleged suicide,, ■and, so far. as appeared, every person who' could throw any light on the facts testified. Held, that defendant was not prejudiced by the denial of his application for a continuance to allow him more time to prepare for trial.</p> <p>4. Laws 1903, p. 218, c. 112, iSec. 1, provides that every jury .commissioner shall he disqualified to «elect jurors for two successive terms of court. By Laws 1903, p. 175, c. 71, Sec. 3, the regular terms of the District Court of Lincoln ■county were fixed to be held on the first Monday of March ■and 'September in each year, but by Laws 1905, p. 204, c. 89, Sec. 1, the time of holding such terms was changed to the second Monday of April and October, so that there was no term of such court In March, 1905. Held, that the fact that commissioners who selected the jury for the April, 1905, term at which accused was tried and convicted, were also the commissioners who would have selected jurors -for the preceding' March term, had one been held, did not disqualify them .to