Legal Opinion · Dissent

State v. White

New Mexico Supreme Court

Decided May 12, 1954No. 5724Published

1DissentSadler, Justice

The trial court committed no error in rejecting the tender, not because the judge presiding gave a good reason therefor, but for another good and sufficient reason not stated, namely, because counsel for the defendant did not lay the proper predicate for the tender before making his offer of proof.

There are three essential steps to be taken in making a proper tender, each of which must be complied with before advantage may be taken of the. trial court’s action in rejecting the tender. They are as follows:(1) Production of the witness on the stand.(2) - .The framing and putting to the witness…

2Cases cited10 opinions

  1. State v. RoyNew Mexico Supreme Court · 1936
  2. State v. MooreNew Mexico Supreme Court · 1938
  3. State v. NevaresNew Mexico Supreme Court · 1932
  4. Wiggs v. City of AlbuquerqueNew Mexico Supreme Court · 1953
  5. State v. AndersonNew Mexico Supreme Court · 1918

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