State v. Sanchez

OPINION OF THE COURT:

RAYNOLDS, J.

Cruz Sanchez, was indicted for the murder of Francisco Martinez at the June, 1918, term of the district court in and for Taos county. To this indictment he pleaded not guilty, was tried, and verdict of guilty of murder in the second degree returned by the jury. Motion for new trial was made, overruled, excepted to, and an appeal granted to this court.

At the close of the state’s case defendant’s counsel requested the court to withdraw from the consideration of the jury the crime of murder in the first degree. This motion was granted ,and the court instructed on…