State v. Ascarate
New Mexico Supreme Court
Appeal from District Court, Lincoln County; Medler, Judge. Ricardo Ascarate was convicted of manslaughter,' and appeals. It was error for the court to instruct the jury on manslaughter. People v. Kelly, 140 Pac. (Cal.) 302; 21 Cyc. 1076; Territory v. Hendricks, 13 N. M. 300; Mullins v. Com., 67 S. W. (Ky.) 824;. sec. 1460, Code 1915; Logan v. State, 53 S. W. (Tex.) 694. It was error to permit statements of accused made before the coroner’s jury to be read in evidence.
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Appeal from District Court, Lincoln County; Medler, Judge. Ricardo Ascarate was convicted of manslaughter,' and appeals. It was error for the court to instruct the jury on manslaughter. People v. Kelly, 140 Pac. (Cal.) 302; 21 Cyc. 1076; Territory v. Hendricks, 13 N. M. 300; Mullins v. Com., 67 S. W. (Ky.) 824;. sec. 1460, Code 1915; Logan v. State, 53 S. W. (Tex.) 694. It was error to permit statements of accused made before the coroner’s jury to be read in evidence. Sec. 15, Bill of Rights, Const.; People v. Mondon, 103 N. Y. 211, 57 Am. R. 709; Adams v. State, 58 S. E. (Ga.) 822, 17 L. R.…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, J.
(after stating tbe facts as above.) — [1] The first point made by appellant is that the court erred in instructing the jury that they might find the defendant guilty of manslaughter. The theroy of appellant’s contention is. that the evidence did not justify the court in submitting to the jury the issue of manslaughter. The contention of the Attorney General is that no proper exception was taken to any of the instructions given by the court, and therefore the question of this assignment is not before us for determination. The exceptions taken to the court’s…
2Cases cited12 opinions
- Bram v. United StatesSupreme Court of the United States · 1897
- Wilson v. United StatesSupreme Court of the United States · 1896
- State v. YoungSupreme Court of Missouri · 1894
- Fullen v. FullenNew Mexico Supreme Court · 1915
- State v. Ah ChueyNevada Supreme Court · 1879
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3Cited by21 opinions
- State v. LindemuthNew Mexico Supreme Court · 1952
- Pece v. CoxNew Mexico Supreme Court · 1964
- State v. DenaNew Mexico Supreme Court · 1923
- Stagemeyer v. StateNebraska Supreme Court · 1937
- State v. AndersonNew Mexico Supreme Court · 1918
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