Territory of New Mexico v. Walker

Citations

• 16 N.M. 607

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. Under the circumstances disclosed by the record in the case it was clearly within the discretion of the trial court to refuse to grant a continuance to the defendant.</p> <p>2. In an indictment ior larceny it is not necessary to allege that the owner of the property, the larceny of which is charged, is a corporation and if that allegation is made and if it is thereby made necessary to prove the existence of the corporation, evidence of its de facto existence is sufficient.</p> <p>3. The giving of an instruction, which, although a correct statement of law, may be outside of the evidence in the case is not a good ground for a new trial or reversal it on other matter covered by the indictment there was evidence to warrant a conviction.</p>