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· 1/26/1911

Territory of New Mexico v. Pierce

Citations

  • 16 N.M. 10

Syllabus

<p>SYLLABUS (BY THE COURT.)</p> <p>I. It is not error to refuse a requested instruction even if correct in law, if the instructions given by the court on its own motion fully cover the law of the case.</p> <p>2. On a trial for assault with intent to commit rape, and taking and detaining a female unlawfully with intent to compel her to be defiled, where the defense is that the defendant is suffering from senile impotency and hence incapable of forming the intent necessary to constitute either offiense, a medical expert may testify as to whether or not, in his opinion as an expert, the conduct of the defendant, set out in a hypothetical question, indicated senile impotency.</p> <p>3. Evidence of the reputation of a defendant for truth and veracity is not admissible, (prior to any attack upon such reputation), except where such reputation or trait of character has reference to the nature of the charge against him.</p>

Judges: Been, Ease, Roberts, Submission, Wright

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