Wilburn v. Territory of New Mexico

Citations

• 10 N.M. 402
• 10 Gild. 402

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Indictment—Larceny—Description.—An animal stolen, being described in the indictment as a cow, such description is sufficient to support a conviction under section 79, C. L. of N. M., 1897, making it an offense to steal, etc., any neat cattle, etc.</p> <p>2. Practice — Criminal Law — Selection of Jury — Challenge— Discretion of Court. — Where a challenge for cause of a juror upon the ground of prej udice or bias against defendant is tried by the court, its decision rests upon a sound discretion, and there being evidence to support the conclusion of law, the judgment of the court thereon will be sustained.</p> <p>3. Criminal Law — Larceny—Asportation—Evidence of. — The element of asportation in the statutory crime of neat cattle, is proven by evidence showing that defendant had driven the animal a distance of about 600 yards, then killed it and removed and carried, away the hide and other parts of the animal, thereby depriving the owner of the immediate possession of it.</p> <p>4. Criminal Law — Practice—Alibi—Burden of Proof. — The burden of proving an alibi is upon the defendant, after the Territory has made out a prima facie case, to the extent, at least, of raising a reasonable doubt of guilt.</p> <p>5. Criminal Law — Larceny of Live Stock — Statute that Applies. Held: That sections 15 and 16, chapter 47, Laws of 1884 (sections 79 and 80, C. L. of 1897), are parts of a special act, enacted for the protection of live stock, and provide that a person convicted thereunder shall be deemed guilty of a felony and grand larceny, and be subject to punishment in the penitentiary and by fine, notwithstanding the value of the animal stolen is less than twenty dollars, and are not repealed by section 8, chapter 80, Laws of 1891 (section 1187, C. L. 1897), which is part of a general act defining the punishment of the crime or larceny, graded according to the value of the property stolen.</p>