Territory of New Mexico v. McGrath

Citations

• 16 N.M. 202

Syllabus

<p>SYLLABUS.</p> <p>1. Where a crime is a ¡statutory one, the indictment must set forth with clearness and certainty every essentia] element of which it is composed.</p> <p>2. Count in which it is charged that the defendant, on a certain day, at a certain place, did, unlawfully, set up and keep a house of prostitution in a certain town, within 700 feet of a certain theatre, contrary to the forjn of the statute, etc., sufficiently conforms with the statute.</p> <p>3. If a statute makes criminal the doing of this, or that or that, mentioning several things disjunctively, there is but one offense, which may be committed in different ways; and, in most instances, all may be charged in a single count.</p> <p>4. Defendant can not be convicted under three separate indictments for one single act.</p> <p>5. 'Objectionable matter was merely descriptive, and, though superfluous, was not prejudicial or perplexing.</p> <p>6. Evidence by which an establishment may be proved a house of prostitution not limited to a proof of only the facts mentioned, but other evidence is admissible and sufficient to establish the fact that a place is a house of prostitution.</p> <p>7. Testimony examined and found ample to establish the charge that defendant did set up and keep a house of prostitution.</p> <p>8. Courts will take judicial notice of matters which are so notorious that the production of evidence would be unnecessary.</p> <p>9. No objection having been made or exception saved to remark of judge on trial, the appellate court will not consider it.</p> <p>10. • Instructions are not a part of the record unless embodied in a bill of exceptions and certified by the court, except in those jurisdictions where the rule has been modified by statute.</p> <p>11. All papers regularly filed in a cause with the clerk of the district court include only such papers which by .statute, or rule, or order of court are required or directed to be filed in a cause.</p> <p>12. Instruction complained of, held n