Territory of New Mexico v. Sais

Citations

• 15 N.M. 171

Syllabus

<p>1. Where the indictment alleges that the animal unlawfully killed was the property of co-partners, the ownership as laid in the indictment must be proved beyond a reasonable' doubt.</p> <p>2. Evidence held to warrant finding that animal unlawfully, knowingly, etc., killed, belonged to certain persons as co-partners, as charged in the indictment.</p> <p>3. The judgment of a court should not he set aside upon the testimony of a witness, when it is apparent that such testimony was given in a rather bungling and inaccurate manner and where the jury hearing the witnesses and understanding the circumstances under which the offense charged was committed, would have a much better oppor-, tunity of arriving at a correct conclusion, than would the appellate court upon the record alone.</p> <p>4. Evidence held to warrant conclusion that killing was knowingly done.</p> <p>5. The jury may consider manner of witness in which testimony is given in determining its weight.</p> <p>6. Ordinarily, neither the verdict of a jury nor the finding of fact of a trial court will be disturbed by the Supreme Court when they are supported by any substantial evidence.</p>