State v. Compton

WATSON, Justice.

Appellant and three others were informed against for burglary. Of these others, two pleaded guilty and testified for the state, and the third was acquitted by a verdict directed by the court. Appellant was convicted and sentenced.

An instruction on alibi was tendered and refused. The refusal was not error, as the court gave its own, a better, instruction on that issue. It declared the law in substance as it is stated in the headnote in Territory v. Tais, 14 N. M. 399, 94 P. 947. We do not agree with counsel that it contains the defect which led to reversal in that case.

It is…