Territory of New Mexico v. Pino

Citations

• 9 N.M. 598

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Criminal Law — Conflict of Evidence — Verdict—Conclusiveness— Prosecutrix — Impeachment of Character for Chastity — Evidence Required — Instruction—Refusal—Error.—1. In a criminal case, where there is neither an absence of competent evidence against the accused nor a decided preponderance in his favor, and there is a direct conflict in the testimony, the jury’s verdict is a conclusive adjudication of the facts of the case.</p> <p>2. The character of the prosecutrix for chastity may be impeached only by general evidence of her reputation, and not by evidence of particular instances of unchastity.</p> <p>3. The refusal of the court to give an instruction properly requested by defendant which is a correct statement of the law applicable to the facts in the ease and consistent with a reasonable theory other than that of defendant’s guilt, and not covered by any other instruction which was given by the court is reversible error.</p>