State v. Pino
New Mexico Supreme Court
Appeal from District Court, Bernalillo County; M. C. Mleihem, Judge. Jose Antonio Pino- was convicted of larceny, and appeals. Court erred in refusing to strike out evidence cpncerning loss of two head of cattle because it was hearsay. 1 Wharton’s Crim. Bv. 449, 451, 453; Crump v. Starke, 23 Ark. 131. Prejudicial collateral facts cannot be admitted in evidence. 1 Whart. Crim. Ev. p. 56. Evidence of other crimes is inadmissible. Hall v. People, 6 Parker’s Crim.
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Appeal from District Court, Bernalillo County; M. C. Mleihem, Judge. Jose Antonio Pino- was convicted of larceny, and appeals. Court erred in refusing to strike out evidence cpncerning loss of two head of cattle because it was hearsay. 1 Wharton’s Crim. Bv. 449, 451, 453; Crump v. Starke, 23 Ark. 131. Prejudicial collateral facts cannot be admitted in evidence. 1 Whart. Crim. Ev. p. 56. Evidence of other crimes is inadmissible. Hall v. People, 6 Parker’s Crim. E. 671; People v. Switzon, 23 Mich. 301. See also Beach v. State, 11 S. W. 301; Welhousen v. State, 30 Tex. App. 623, 18 S. W. 300;…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.
In April, 1915, the appellant was tried and convicted by a jury in the district court of Socorro county of the larceny of two head of neat cattle, the property of Ricardo Ortega, and was duly sentenced to serve' a term in the state penitentiary, from which judgment this appeal is prosecuted.
The facts disclosed by the evidence introduced on behalf of the state may be briefly summarized as follows: In the latter part of August or the first of September, 1914, the prosecuting witness, Ricardo Ortega, discovered that two cows belonging to him were missing from…
2Cases cited6 opinions
- State v. EllisonNew Mexico Supreme Court · 1914
- Turner v. StateIndiana Supreme Court · 1885
- State v. MooreSupreme Court of Missouri · 1890
- State v. HollowayNew Mexico Supreme Court · 1914
- James v. HoodNew Mexico Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. StarrNew Mexico Supreme Court · 1917
- State v. BorregoNew Mexico Supreme Court · 1948
- State v. JohnsonNew Mexico Supreme Court · 1933
- State v. LazarovichNew Mexico Supreme Court · 1921
- State v. BabcockNew Mexico Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.