Territory of New Mexico v. Harrington

Citations

• 17 N.M. 62

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. A count of an indictment is not double which charges several different acts, set forth in a section of the statute, as constituting an offense, provided, such acts are not repugnant.</p> <p>2. The District Court has jurisdiction in larceny cases, even though the original taking occurred within an Indian reservation, where the cattle were driven from the reservation into the jurisdiction of the District Court, so long as the felonious intent continued.</p> <p>3. The brand law does not require that ownership must be proven by the brand alone, but ownership may he proven by flesh marks or other proper evidence, as if no brand law existed.</p> <p>4. Statements made in the presence of a defendant of sufficient importance to call for affirmance or denial, may be presumed to have been acquiesced in by him by virtue of his silence.</p> <p>5. If counsel fail to ask for an instruction which they think should be given, the failure of the Court to give such instruction cannot be taken advantage of on appeal.</p>