Territory of New Mexico v. Hendricks

Citations

• 13 N.M. 300

Syllabus

<p>SYLLABUS.</p> <p>When the evidence of eye witnesses to a homicide is to the. effect that the killing was either murder in the first or second degrees, or justifiable, it is error to submit by instructions, the third degree to the jury for its consideration; and if the jury by its virdict finds the defendant guilty in that degree, the judgment and sentence pronounced thereon will be reversed on appeal.</p>