Territory of New Mexico v. McNabb

Citations

• 16 N.M. 625

Syllabus

<p>.SYLDABU® (BY THE COURT).</p> <p>1. The burden of proving beyond a reasonable doubt the guilt of one on trial for crime, including the degree of sanity legally essential to the commission of the crime charged, is on the prosecution throughout the trial, but the presumption of sanity stands as a fact established for the prosecution, unless there is sufficient evidence of insanity on one side or the other to create a reasonable doubt of sanity.</p> <p>2. The power of a trial court over the order of introduction of evidence is not absolute and does not include the right to reject admissible evidence When offered on the ground that the defendant on trial had not himself testified and laid a foundation for the testimony rejected it appearing that the same foundation would be laid by the witness then offered.</p> <p>3. While the word, irrationality, is sometimes used as a synonym for insanity, the admission of evidence of the irrationality of the defendant did not cure the rejection of evidence offered of his “insanity,” under the circumstances stated in the opinion.</p> <p>4. The opinion of a non-expert witness-, who has had wide opportunityfor observation, is admissible on the question of the insanity of a defendant on trial for murder, although the witness may be unable to give in detail all the circumstances and- appearances which led her to think there had been a change from sanity to insanity. The duty of the trial court to pass beforehand on the qualification of such a witness to testify is to be exercised with due regard to the rights, of the defendant, and its decision may be reversed when it is clear that through it the defendant was deprived of what was essential to a fair trial.</p>