State v. Moss
New Mexico Supreme Court
Appeal from District Court, Chaves County; Bich-ardson, Judge. George B. Moss was convicted of murder in the second degree, and be appeals. Court should have given requested instruction on mutual combat. Whart. on Homicide, Sec. 167, 175; 21 Cyc. 1059, 1053, 1032; Michie on Homicide, 1488; Seldon v. State, 18 S. W, 459. Instruction pointing out defendant as a witness is error.
Read the full summary
Appeal from District Court, Chaves County; Bich-ardson, Judge. George B. Moss was convicted of murder in the second degree, and be appeals. Court should have given requested instruction on mutual combat. Whart. on Homicide, Sec. 167, 175; 21 Cyc. 1059, 1053, 1032; Michie on Homicide, 1488; Seldon v. State, 18 S. W, 459. Instruction pointing out defendant as a witness is error. Sec. 2796, Code 1915; Terr. v. Romine, 2 N. M. 114; (New Mexico cases cited, distinguished) Buckley v. State, 62 Miss. 705; State v. Bartlett, 19 L. R. A. (N. S.) 802; Harrell v. State, 40 S. W. 799; Williams v. State,…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
On change of venue from Curry county appellant was tried and found guilty of murder in the second degree by a jury in the district court of Chaves county. From the judgment imposing sentence he appeals.
[1] The first ground upon which he relies for a reversal in this court is alleged error in the refusal by the trial court to give his requested instructions numbered 6 and 7 on the subject of mutual combat. There was no error in refusing to give the requested instructions, because they were not justified by the evidence. “A mutual combat is one into which the…
2Cases cited7 opinions
- Tate v. StateSupreme Court of Georgia · 1872
- State v. GoffOregon Supreme Court · 1914
- Miera v. Territory of New MexicoNew Mexico Supreme Court · 1905
- Doyle v. PeopleIllinois Supreme Court · 1893
- State v. DickensNew Mexico Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. WessonNew Mexico Court of Appeals · 1972
- State v. HudsonNew Mexico Supreme Court · 1967
- State v. BurkettNew Mexico Supreme Court · 1925
- State v. BealNew Mexico Supreme Court · 1951
- State v. CochranNew Mexico Supreme Court · 1967