Territory of New Mexico v. Muniz

Citations

• 17 N.M. 131

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. Appellants were indicted and tried for murder. The-jury returned the following verdict: “We the jury, find the defendants, Felix Muniz and Manuel Duran guilty of manslaughter, 3d degree.” A motion was made in Arrest of Judgment, upon the ground that the jury did not convict defendants of any crime recognized or existing under the laws of the Territory of New Mexico, there being no degree of manslaughter known as 3 degree. The motion was overruled. The words of the verdict, “guilty of manslaughter” was a full and complete finding of the issue submitted, and the superadded expression “3 degree” is meaningless and to be treated as surplusage.</p> <p>2. An instruction that, “If you believe that any witness has wilfully testified falsely in any. particular, you have-the right wholly to disregard all the evidence of that witness,” is erroneous in not limiting the false testimony, upon. the falsity of which the jury might disregard all the evidence of a witness- to some material fact.</p>