Territory of New Mexico v. Taylor

Citations

• 11 N.M. 588

Syllabus

<p>SYLLABUS.</p> <p>1. Under section 2879, Comp. Laws of 1897, a change of venue in civil and criminal cases may he made on oral motion. Sections-2881-2884, Cdmp. Laws of 1897, give another mode by which venue may be changed.</p> <p>2. A court may err in remarking in the hearing of the jury that there is no proof of a fact material for the defense, when there is testimony to prove such fact, but before error will lie, counsel must point out to the court the evidence which shows that the judge is-wrong and ask him to instruct the jury that the remark made by him must not be considered by them in arriving at their verdict.</p> <p>3. The trial court need give no instruction asked for by either-party, even if correct in point of law, if those given by the court, cover the case, and submit it properly to the jury.</p> <p>4. This court will not consider on appeal, any matter except those relating to jurisdiction, unless objection is made and exception saved.</p> <p>5. The trial court has the right to instruct the jury that they .are authorized to take into consideration the interests of the parties in the result of the suit or the relationship of the witnesses testifying to the parties in interest in determining the weight to he given to their testimony.</p>