Territory of New Mexico v. Livingston
New Mexico Supreme Court
Appeal from the district court of Eddv county before William J. Mills, Chief Justice. It was error to allow evidence to go to the jury which, without casting any light on the offense charged in the indictment, tended strongly to convict the defendant of -another charge, thus prejudicing him before the jury.
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Appeal from the district court of Eddv county before William J. Mills, Chief Justice. It was error to allow evidence to go to the jury which, without casting any light on the offense charged in the indictment, tended strongly to convict the defendant of -another charge, thus prejudicing him before the jury. People v. Carpenter, (Col.) 68 Pac. 1028;. People v. Perazzo, 74 Cal. 116, 28 Pac. 64; People v. Barnes, 48 Cal. 551; People v. Hartman, 62 Cal. 562; State v. Gottfreedson, 64 Pac. 523. Testimony which tends merely to show that the prisoner is' capable of committing a crime for which he is…
1DissentPope, J.
— -(Dissenting)—I desire to dissent from the conclusion reached in this case for the reason that in my opinion the fifth assignment of error, based on the instruction of the court as to the effect of the possession of recently stolen property, is well founded. That instruction, in effect, informs the jury that the possession of recently stolen property is “usually regarded in law as a criminating circumstance,” that it is “sufficient to warrant a conviction,” except under certain circumstances, and that “the presumption thus raised” must be met by evidence raising a reasonable doubt to…
2Cases cited3 opinions
- State v. WaltersWashington Supreme Court · 1893
- State v. HumasonWashington Supreme Court · 1893
- United States v. GriegoNew Mexico Supreme Court · 1904