174 P. 215 (N.M. 1918), 2067, State v. Anderson

Docket Nº:2067.
Citation:174 P. 215, 24 N.M. 360, 1918 -NMSC- 051
Opinion Judge:HANNA, C.J.
Party Name:STATE v. ANDERSON.
Attorney:W. L. Morris, of Albany, Tex., and H. H. McElroy, of Tucumcari, for appellant. C. A. Hatch, Asst. Atty. Gen., for the State.
Judge Panel:PARKER and ROBERTS, JJ., concur.
Case Date:March 31, 1918
Court:Supreme Court of New Mexico

Page 215

174 P. 215 (N.M. 1918)

24 N.M. 360, 1918 -NMSC- 051

STATE

v.

ANDERSON.

No. 2067.

Supreme Court of New Mexico

March 31, 1918

Syllabus by the Court.

Propositions of law assigned, but not argued, are abandoned.

Juror, who has opinion as to guilt or innocence of party on trial, is competent, where such opinion was formed from rumor, newspaper reports, or street talk, and he swears that he will lay it aside and determine case upon the law and the evidence.

It is for the trial court, in the exercise of sound discretion, to determine whether a juror possesses sufficient intelligence and understanding to properly discharge his duties, and its decision thereon will be reviewed only to determine whether it has abused such discretion.

Law with reference to confessions, as stated in State v. Ascarate, 21 N.M. 191, 153 P. 1036, followed.

As a general rule, in order to reserve an available objection to exclusion of evidence, proper question must be asked, and, on sustaining objection thereto, an offer must be made, showing what evidence will be given if witness is permitted to answer, the purpose and object of testimony sought to be introduced, and facts necessary to establish its admissibility.

Instructions examined, and held that court did not invade the province of the jury by commenting on weight of evidence.

Appeal from District Court, Quay County; Leib, Judge.

Robert Lee Anderson was convicted of voluntary manslaughter, and he appeals. Affirmed.

W. L. Morris, of Albany, Tex., and H. H. McElroy, of Tucumcari, for appellant.

C. A. Hatch, Asst. Atty. Gen., for the State.

HANNA, C.J.

The appellant, Robert Lee Anderson, was convicted of voluntary manslaughter in the district court of Quay county, and sentenced to ten years' imprisonment in the penitentiary. From such conviction and sentence, appellant has perfected this appeal.

As no statement of the facts of the case appears in the brief of appellant, the following statement, appearing in brief of the state, will be taken as true:

"The deceased, George A. Zant, together with his family, consisting of his wife, Bertie Zant and seven children, moved from Stephens county, Tex., to about three miles southeast of Tucumcari, N. M., in June, 1916. Robert Lee Anderson, the appellant, a brother of Mrs. Zant, widow of deceased, also came to New Mexico some time after the Zant family had moved, and made his home with the Zants. The evidence discloses that on the night of August 29, 1916, the Zant household all retired as usual. Mrs. Zant states that she occupied one bed, the baby sleeping with her; the deceased occupied another bed in the same room, and the little boy, Clifford Zant, slept with him. The defendant occupied a bed on the back porch. About 4:30 a. m. the following morning, Mrs. Zant was awakened by a gunshot. She states she jumped right up, saw her husband was dead, and the bedclothes were on fire; they evidently having ignited from the gun shot. She immediately ran out of the room screaming and calling her brother, the defendant. She had to call him some two or three times before he would get up. Finally he arose and went in and put out the fire. It developed the deceased had been shot in the back of the head, evidently with his own gun, which had been standing in the corner of another room the night before. At the coroner's inquest it was determined that the deceased had met his death by his own hand. About the 8th...

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