Territory of New Mexico v. Price

Citations

• 14 N.M. 262

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. There was no abuse of discretion by the trial court in refusing the continuance prayed for by the defendant, .but ratber under the circumstances, was its course in requiring trial without delay commendable.</p> <p>2. A diagram offered in evidence in connection with and to illustrate the testimony of the witness for the Territory who made if was properly admitted, although ther* was other evidence for the Territory tending to show that the diagram was incorrect in some particulars.</p> <p>S.Evidence that the defendant was intoxicated at the time of the homicide with which he was charged, that shortly before he, being a news agent on the train on which th* man he killed was conductor, had done certain things which were reported to the conductor and were the subject of the altercation between them which terminated in the shooting of the conductor, embodied circumstances forming a part of the res-gestae and was properly admitted.</p> <p>4. A reasonable doubt is not a mere possibility of innocence.</p> <p>5. A proper instruction to the jury on the subject of reasonable doubt, when once given and made applicable to every material allegation against the defendant, need not ordinarily be repeated as a part of other, separate instructions.</p> <p>6. Evidence was properly admitted that the defendant had in his possession materials with which ne could have produced effects on his clothing which he testified were caused by one or more of the shots he fired.</p> <p>7. An instruction that one cannot invoke the law of self-defense who arms -himself with a loaded pistol and -seeks, brings on or voluntarily enters into a difficulty with -another for the purpose and with the felonious intent or killing him, attacks such other person, his force is met with force in return, and as a part of the -same transaction he does shoot and kill his opponent, was sufficiently favorable -to the defendant.</p> <p>8. It is not error to refuse to give an instruct