United States v. Densmore

Citations

• 12 N.M. 99
• 75 P. 31

Syllabus

<p>SYLLABUS.</p> <p>• 1. Under section 1035, Revised Statutes of the United States, á defendant charged with murder in the first degree may be, found guilty of manslaughter, provided there is evidence' in the case to sustain such a verdict.</p> <p>2. It is not reversible error for the court to give an instruction containing the common law definition of manslaughter, when all the evidence shows that the killing was done by one of the forms set out in the act of congress defining manslaughter; more especially as the court gave an instruction at the request of the defendant limiting manslaughter to the definition contained in the United States Statute.</p> <p>3. A defendant may be convicted as principal, when he takes part in a fracas preceding the homicide, and calls others to kill the deceased.</p> <p>4. The instructions- must be considered as a whole, and their bearing upon all of the evidence in the case must be considered.</p> <p>5. Evidence of specific acts of láwlessness by the deceased, when under the influence of liquor, were properly excluded by the court.</p> <p>6. The calling in' of the jury, after they have retired and deliberated on their verdict, and asking them as to the possibility of their arriving at a verdict, and sending them to their jury room for further deliberation, are not such instructions as are required to be in writing. <</p>