State v. Johnson
New Mexico Supreme Court
Appeal from District Court, Grant County; Colin Neblett, Judge. Albert Johnson was convicted of larcenj’-, and appeals. Cort erred in giving oral instructions to jury. ■ Sees. 2793, 2794, 2796, 2800, Code 1915; Territory v. .Perea, 1 N. M. 627; Territory v. Lopez & Casias, 3 N. M. .156; United States v. Densmore, 12 N. It. 108. ■ No exception was taken to action of court in orally instructing jury until after jury had returned their verdict.
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Appeal from District Court, Grant County; Colin Neblett, Judge. Albert Johnson was convicted of larcenj’-, and appeals. Cort erred in giving oral instructions to jury. ■ Sees. 2793, 2794, 2796, 2800, Code 1915; Territory v. .Perea, 1 N. M. 627; Territory v. Lopez & Casias, 3 N. M. .156; United States v. Densmore, 12 N. It. 108. ■ No exception was taken to action of court in orally instructing jury until after jury had returned their verdict. Therefore the appellant cannot now' be heard to raise the .question. State v. Eaker, 17 N. M. 479; Territory v. Romine, 2 ■N. M. 114; Leonardo v.…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J.
This is an appeal from a judgment . o'f the district court of Grant county, sentencing .appellant .to serve a term in the state penitentiary, which said judgment was based upon the verdict of a jury finding appellant guilty of the larceny of a bay mare, the property of one Edward Dickinson. Appellant relies upon two alleged errors for a reversal: First, that the court erred in instructing the jury orally as to the law of the case; and, second, that there is no substantial evidence warranting the- verdict.
From the transcript it appears that no objection was…
2Cases cited4 opinions
- United States v. CookNew Mexico Supreme Court · 1909
- State v. EakerNew Mexico Supreme Court · 1913
- State v. LuceroNew Mexico Supreme Court · 1913
- Lund v. OzanneNew Mexico Supreme Court · 1906
3Cited by12 opinions
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- State v. MartinezNew Mexico Supreme Court · 1924
- State v. CarpioNew Mexico Supreme Court · 1921
- State v. DiazNew Mexico Supreme Court · 1932
- State v. MartinezNew Mexico Supreme Court · 1929
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