Territory of New Mexico v. Livingston
New Mexico Supreme Court
Appeal from the district court of Eddv county before William J. Mills, Chief Justice. It was error to allow evidence to go to the jury which, without casting any light on the offense charged in the indictment, tended strongly to convict the defendant of -another charge, thus prejudicing him before the jury.
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Appeal from the district court of Eddv county before William J. Mills, Chief Justice. It was error to allow evidence to go to the jury which, without casting any light on the offense charged in the indictment, tended strongly to convict the defendant of -another charge, thus prejudicing him before the jury. People v. Carpenter, (Col.) 68 Pac. 1028;. People v. Perazzo, 74 Cal. 116, 28 Pac. 64; People v. Barnes, 48 Cal. 551; People v. Hartman, 62 Cal. 562; State v. Gottfreedson, 64 Pac. 523. Testimony which tends merely to show that the prisoner is' capable of committing a crime for which he is…
1Opinion of the Court
OPINION OP THE COURT.
MANN, J.
— At the October, 1903, term oE the district court of the Fifth Judicial District, sitting in and for Eddy county, Garland Livingston was tried and convicted of a charge of larceny of a horse and sentenced to a term in the penitentiary, from which judgment he appeals to this court. • Five assignments of error are made and insisted upon in brief of appellant’s counsel which we will take up in their order.
1 The first ruling of which appellant complains is that of the trial court in “permitting evidence to go to the jury, which, without casting any light on the…
2Cases cited10 opinions
- Hickory v. United StatesSupreme Court of the United States · 1894
- Stover v. . People of the State of N.Y.New York Court of Appeals · 1874
- Grant v. StateSupreme Court of Alabama · 1876
- Harris v. StateMississippi Supreme Court · 1883
- K v. HWisconsin Supreme Court · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. FerrariArizona Supreme Court · 1975
- State v. LaneArizona Supreme Court · 1949
- State v. TurnerNew Mexico Court of Appeals · 1970