Territory of New Mexico v. Taylor
New Mexico Supreme Court
Appeal from the district court of Chaves county, before Daniel H. McMillan, Associate Justice. The conversation between defendant Taylor and deputy Richards while Taylor was enroute to and only a. short distance from Pratt’s residence for the purpose of preventing Pratt’s escape, was important and material to defendant for the purpose of showing the frame ■of mind and intent with which defendant went to Pratt’s residence and intercepted Pratt, Port and Neal to prevent their…
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Appeal from the district court of Chaves county, before Daniel H. McMillan, Associate Justice. The conversation between defendant Taylor and deputy Richards while Taylor was enroute to and only a. short distance from Pratt’s residence for the purpose of preventing Pratt’s escape, was important and material to defendant for the purpose of showing the frame ■of mind and intent with which defendant went to Pratt’s residence and intercepted Pratt, Port and Neal to prevent their escape, and it was error to exclude it. Lane v. Moore, 151 Mass. 87, 21 Am. St. 430; Com. v. Trefethen, 157 Mass. 180,…
1Opinion of the Court
OPINION OP THE COURT.
MILLS, C. J.
Tbe evidence in this case is exceedingly conflicting and it is difficult, if not impossible, for one who did not s.ee tbe witnesses on tbe stand and bear them testify, to come to a conclusion as to' tbe truth of tbe matter charged. Where tbe testimony of a witness is set out in cold type, as a rule, that given by one looks to be as fair and reasonable as that given by another, and from a mere reading it is impossible to determine which is telling the truth. This is the reason why this court on appeal does not look into the evidence to determine where the…
2Cited by3 opinions
- State v. FernandezNew Mexico Supreme Court · 1952
- State v. WessonNew Mexico Court of Appeals · 1972
- City of Albuquerque v. PatrickNew Mexico Supreme Court · 1957