State v. Ardoin

OPINION OP THE COURT.

BOTTS, J.

Eli S. Ardoin, hereinafter referred to as defendant, was indicted and tried in Dona Ana county for the murder of one Miles Stevenson, and was convicted of murder in the second degree. At the trial he sought to justify the homicide on the ground of self-defense.

Upon his appeal, the first question raised by defendant is on the refusal of the court to admit testimony concerning a specific act of violence on the part of the deceased committed toward a third person. The defendant was permitted to testify that the deceased in his lifetime had told him of this act of…