Territory of New Mexico v. Cordova
New Mexico Supreme Court
Appeal from, the district court of Socorro county, before Daniel H. McMillan, Associate Justice. Section 2991, Compiled Laws of New Mexico, 1897, says: “The court shall instruct as to the law of the case, but shall not comment upon the weight of the evidence.” This is the law in criminal as well as civil cases. “In criminal cases as well as in civil cases the jury is the sole judge of the weight of the evidence, and the credibility of the witnesses.”
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Appeal from, the district court of Socorro county, before Daniel H. McMillan, Associate Justice. Section 2991, Compiled Laws of New Mexico, 1897, says: “The court shall instruct as to the law of the case, but shall not comment upon the weight of the evidence.” This is the law in criminal as well as civil cases. “In criminal cases as well as in civil cases the jury is the sole judge of the weight of the evidence, and the credibility of the witnesses.” Territory v. O’Donnell, 4 N. M. 196; Bard- . well v. Ziegler, 28 Pac. 360. In charging the jury in a criminal case the court may state the…
1Opinion of the Court
OPINION OP THE COURT.
MILLS, C. J.
1 The errors assigned are seven in number, of which the first, that “The court erred in admitting improper, irrelevant and incompetent evidence in the trial of said case,” is so general, that we will not consider it, for we have held in common with the general practice of appellate courts, that such a general assignment of error is not good ground for review. Territory v. Guillen, 66 Pac. 531; Cevada v. Miera, 61 Pac. 125; Neher v. Armijo, 66 Pac. 517.
The rule requiring that errors relied on, on appeal, should be separately pointed out before they will be…
2Cases cited8 opinions
- Goodhue v. PeopleIllinois Supreme Court · 1879
- State v. KlingerSupreme Court of Missouri · 1870
- Gross v. FunkSupreme Court of Kansas · 1878
- Neher v. ArmijoNew Mexico Supreme Court · 1901
- State v. TurnerSupreme Court of Louisiana · 1873
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3Cited by1 opinion
- State v. PaceNew Mexico Supreme Court · 1969