Territory of New Mexico v. Gonzales
New Mexico Supreme Court
Appeal from the district court of Guadalupe-county, before William J. Mills, Chief Justice. Hearsay evidence of the particular kind here complained of is thus defined. “Supposed orally delivered evidence of a supposed extrajudicially narrating witness judicially delivered viva-voce by the judicially deposing witness.” Rationale of Jud. Ev. (Jas. Mills’ Ed. Lond. 1827), 111, 439; Whar. Crim. Ev.
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Appeal from the district court of Guadalupe-county, before William J. Mills, Chief Justice. Hearsay evidence of the particular kind here complained of is thus defined. “Supposed orally delivered evidence of a supposed extrajudicially narrating witness judicially delivered viva-voce by the judicially deposing witness.” Rationale of Jud. Ev. (Jas. Mills’ Ed. Lond. 1827), 111, 439; Whar. Crim. Ev. (8 Ed.), par. 220. Hearsay evidence is also defined as “that kind of evidence which does not derive its value solely from the credit to be given to the witness himself, but rests also in part on the…
1Opinion of the Court
OPINION OP THE COURT.
McMILLAN, J.
1 The second and third grounds of error assigned on behalf of the defendant are to the admission of testimony. No objection or exception was made by defendant to the admission of any testimony, and these assignments are therefore untenable.
The fourth ground of error assigned is to the instructions given by the court. No exceptions were noted to any of the instructions, as given; the defendant having waived any right he may have had in that behalf, he cannot now urge exceptions for the first time in this court.
2 The fifth ground of error assigned is to the…
2Cases cited3 opinions
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- Rindskoff Bros. v. LymanSupreme Court of Iowa · 1864
- Young v. McLaneIndiana Supreme Court · 1856