Territory of New Mexico v. Meredith

Citations

• 14 N.M. 288

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. The statute providing that unrecorded stock -brands shall not he recognized “as any evidence of ownership” does not prevent the recognition of a duly recorded brand as evidence bearing on the question of ownership prior to the record of the ¡brand.</p> <p>2. , In the trial of one charged with the larceny of a calf bearing a certain brand which the owner did not have recorded until after the time of the alleged larceny, evidence is admissible that the owner began to use the brand ten years before, in Utah, and since then had been using it at the -range where it was claimed the larceny occurred as bearing on his good faith in claiming the brand and having it recorded as his own. and on the felonious intent of the appellant in taking the calf.</p> <p>3. Leading questions may be -put to witnesses at the discretion of the trial judge, and no abuse of that discretion is shown by the record in this ¡cause.</p> <p>4. The trial judge was not bound on the evidence in the case to give special instructions on the law of accomplices.</p> <p>5. When a specification of the material allegations of an indictment -would be practically no more than a repetition of the language of the indictment itself, it is not necessary, and ordinarily would not he helpful to the jury, for the court to include such a specification in its instructions. . .</p> <p>The essential facts appear in the opinion.</p>