Territory of New Mexico v. Leslie
New Mexico Supreme Court
Appeal from the District Court for Otero County before Edward A. -Mann, Associate Justice. Statute defining larceny of cattle. C. L. 1897, sec. 79. No evidence to establish fact that crime was committed. 8 Enc. of Ev. 86; 1 Wharton Cr. Law, sec. 745; 1 McClain Criminal Law, secs. 612, 616; Will's Circumstantial Evidence 345, 351, 352; 3 Greenleaf on Evidence, sec. 30. Instructions must be based upon the evidence.
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Appeal from the District Court for Otero County before Edward A. -Mann, Associate Justice. Statute defining larceny of cattle. C. L. 1897, sec. 79. No evidence to establish fact that crime was committed. 8 Enc. of Ev. 86; 1 Wharton Cr. Law, sec. 745; 1 McClain Criminal Law, secs. 612, 616; Will's Circumstantial Evidence 345, 351, 352; 3 Greenleaf on Evidence, sec. 30. Instructions must be based upon the evidence. State v. De Wolf, 74 Pac. 1084, 1087; Yoder v. Reynolds, 72 Pac. 417, 419; Murray v. Ry. Co., 3 N. M. 580. The fact of a conspiracy cannot be proved by declarations made nor acts…
1Opinion of the Court
OPINION OF THE COURT.
MILLS, C. J.
The defendants in this case together with one Elisha Leslie, were jointly indicted in the District Court of Lincoln County, charged with having committed the statutory crime of the larceny of six head of cattle of the property of El Capitan Land and Cattle Company of New Mexico. The defendants took a change of venue to the County of Otero. The Territory nolUd the indictment as to Elisha Leslie, and on the second trial of the case the jury returned a verdict of guilty against the appellants herein, who after a motion for a new trial had been overruled, were…
2Cases cited1 opinion
- Cooper v. SchlesingerSupreme Court of the United States · 1884
3Cited by7 opinions
- State v. DeatonNew Mexico Supreme Court · 1964
- Bunton v. HullNew Mexico Supreme Court · 1947
- State v. BahneyNew Mexico Court of Appeals · 2012
- State v. DresselNew Mexico Court of Appeals · 1973
- State v. ValloNew Mexico Court of Appeals · 1970
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