Territory of New Mexico v. Cortez
New Mexico Supreme Court
Appeal from District Conrt for Taos County, before John R. McEie, Associate Justice. The admission of irrelevant testimony, such as that in question, is error where its effect, direct or incidental, is to 'injure the objecting parly, as b]r exciting a feeling of sympathy for the adverse party or a feeling of hostility to himself, or to mislead the jury as to the issues, or to confuse them in their deliberations or to injure the objector in any other way patent to the eye of…
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Appeal from District Conrt for Taos County, before John R. McEie, Associate Justice. The admission of irrelevant testimony, such as that in question, is error where its effect, direct or incidental, is to 'injure the objecting parly, as b]r exciting a feeling of sympathy for the adverse party or a feeling of hostility to himself, or to mislead the jury as to the issues, or to confuse them in their deliberations or to injure the objector in any other way patent to the eye of the reviewing court. 11 Ency. Ev. 210, 211; 6 Ene. Ev. 443, 450; Hopt v. Utah, 110 U. S. 579-580; Mima Queen v. Hepburn,…
1Opinion of the Court
OPINION OF THE COURT.'
' MANN, ,T.
The defendant was convicted at the May, 1908, term of the District Court of Taos Count]'', on an indictment charging: “That Malaquias Cortez and Gregorio Garcia, late of the County of Taos, Territory of New Mexico, on the 23rd day of June, in the year of our Lord one thousand nine hundred and four, at the County of Taos, aforesaid, did unlawfully and feloniously kill one yearling steer of the property of C. L. Craig, the said steer being black in color and without brand, of the value of fifteen dollars; contrary to the form of the statute in such case made and…
2Cases cited6 opinions
- United States v. CarllSupreme Court of the United States · 1882
- United States v. HessSupreme Court of the United States · 1888
- Davis v. StateSupreme Court of Alabama · 1880
- Beasley v. StateSupreme Court of Alabama · 1851
- United States v. WatkindsUnited States Circuit Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. WilsonNew Mexico Court of Appeals · 2009
- State v. FergusonNew Mexico Supreme Court · 1952
- State v. MullerNew Mexico Court of Appeals · 2022