Territory of New Mexico v. Livingston

Citations

• 13 N.M. 318

Syllabus

<p>SYLLABUS.</p> <p>1. It is not error to admit evidence of the possession of recently stolen property other than that described in the indictment, but taken at the same time and under the same circumstances when there is evidence tending to show that the accused was also in possession of the property described in the indictment, recently after the theft.</p> <p>2. A witness may be asked on direct examination if he did not make statements inconsistent with those testified to, when the party is taken by surprise, and the question is asked for the purpose of refreshing the witness’ recollection and inducing him to correct his testimony.</p> <p>3. It is not error to instruct the jury that although the law makes the defendant a competent witness in his own behalf the jury are the judges of the weight to be given his testimony, where the rule is laid down as to the interest in the suit, and made applicable to all the witnesses alike.</p> <p>4. An instruction which charges the jury that if all the material facts are not proven to the satisfaction of the jury beyond a reasonable doubt or if for any other reason they believe the defendant not guilty they may acquit him, is not erroneous when given in connection with other instructions which correctly state the law as to reasonable doubt and the presumption of innocence.</p> <p>5. The possession of recently stolen property, though unexplained, does not raise a presumption as to the guilt of the accused, but is merely a circumstance' to he considered by the jury and given by them such weight as they deem it entitled to. Held, that the instruction given was not erroneous when taken as a whole and in connection with all the instructions given by the court.</p>