Legal Opinion

State v. Babcock

New Mexico Supreme Court

Decided August 20, 1917No. 1925PublishedCited by 5 opinions

Appeal from District Court, Socorro Comity; Neblett, Judge. Lawrence B. Babcock was convicted of an assault with a deadly weapon, and lie appeals. Court should have permitted jury.to take exhibits with them in the jury room. Sec. 4469, Code 1915; Terr. v. Eagle, 15 N. M. 609; 4 Words & Phrases, 3666; 8 Words & Phrases, 7544; Cardenas v. Miller, 49 Am.

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Appeal from District Court, Socorro Comity; Neblett, Judge. Lawrence B. Babcock was convicted of an assault with a deadly weapon, and lie appeals. Court should have permitted jury.to take exhibits with them in the jury room. Sec. 4469, Code 1915; Terr. v. Eagle, 15 N. M. 609; 4 Words & Phrases, 3666; 8 Words & Phrases, 7544; Cardenas v. Miller, 49 Am. Dec. 88; Doctor Jack v. Terr., 3 Pac. 832; McMahon v. Iowa Ice Co., 114 N. W. 203; State v. Young, 110 N. W. 292; Western & A. B. Co. v. Stafford, 25 S. E. 656; Sargent v. Lawrence, 40 S. W. 1075; ICoosa v. Warton, 48 So. 544; State v. Shaw, 50…

1Opinion of the Court

OPINION OF THE COURT:

HANNA, C. J.

[1] There are several assignments of error, only one of which is of importance. It is contended that the district court erred in refusing defendant’s request to allow certain exhibits introduced as evidence in the case to be taken to the jury room upon the retirement of the jury. These exhibits consisted of a knife offered in evidence by the defendant and of a map or diagram offered by the state for the purpose of showing the location and scene of the trouble, also a map or diagram offered by the defendant for the purpose of correcting a mistake which it was…

2Cases cited3 opinions

  1. Lytle v. LytleIndiana Supreme Court · 1871
  2. State v. MoodyWashington Supreme Court · 1897
  3. State v. PinoNew Mexico Supreme Court · 1916

3Cited by5 opinions

  1. State v. LordNew Mexico Supreme Court · 1938
  2. State v. BealNew Mexico Supreme Court · 1944
  3. Baca v. Board of County CommissionersNew Mexico Supreme Court · 1966
  4. State v. RossNew Mexico Court of Appeals · 1973
  5. State v. VallesNew Mexico Court of Appeals · 1972

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