Territory of New Mexico v. Harwood

Citations

• 15 N.M. 424

Syllabus

<p>■SYLLABUS (BY THE COURT.)</p> <p>1. The penal provision of Chapter 31 of the Session Laws of 1876, (’C. L. Sec. 1427), directed against the uniting of persons in marriage under age, were not repealed by Chapter 32 of the laws of the same session. (C. L. Sec. 1430.)</p> <p>2. Alleged errors in the charge of the court not called to the latter’s attention by motion for new trial will not be considered by this court.</p> <p>3. Uniting in marriage a female under the age of fifteen is penalized by C. L. Sec. 1427 and knowledge by the officiating officer that such female is under such age is not a necessary element of the offense.</p> <p>4. A written memorandum may not be used to aid or supplement the recollection of a witness unless its correctness when made is first established and a conviction based solely upon the contents of a memorandum which has not been so verified cannot be sustained.</p>