Territory of New Mexico v. Montoya

Citations

• 17 N.M. 122

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. The common law of crimes is in force in New Mexico, except where it may have been repealed or modified by statute, and common law procedure is in force, except where special provision is made by statute to the exclusion of' the ■common law procedure.</p> <p>2. Where the statutes have adopted the common* law definition of murder an indictment may, very properly, omit a ■direct charge of a purpose or intent to kill, as a part of the •overt act alleged as a crime.</p> <p>3. The statutes of New Mexico, do not attempt to change the common law definition of murder, and does not limit murder in the first degree to those homicides committed purposely, or with intent to kill.</p> <p>4. Defendant cannot take advantage of an obvious clerical error, corrected by necessary intendment from other parts of the indictment.</p> <p>5. An indictment which fails to allege in conclusion that the defendant killed and murdered the déceased, is sufficient to charge manslaughter, and where the defendant was convicted of manslaughter he cannot take advantage of the defect, as he was not injured thereby.</p> <p>6. The jury, in a homicide case, are the sole judges of the fact of the existence of a motive on the part of the accused and the jury may infer a motive from the commission ■of the crime.</p> <p>■ 7. Evidence examined, and held sufficient to sustain the verdict.</p>