Public-domain · open source
OpenJurist

40 N.M. 132

55 P.2d 743

State v. Riley

New Mexico Supreme Court

Decided March 9, 1936

New Mexico Supreme Court · decided 1936-03-09

Relies on State v. Probert

Good law ✅— No negative treatment on recordhow we know

Decided 1936-03-09

How this case has been cited

Cited by 9 later decisions — most recently December 1989

9 state decisions

30193619401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

BICKLEY, Justice.

¶1 Defendant was convicted of horse stealing. The evidence substantiates the verdict. Besides assailing the sufficiency of the evidence, appellant complains of the court’s denial of his motion for continuance on account of absence of a witness. No facts were pleaded in the motion showing reasonable ground for belief that the attendance of the witness would be procured at the next court term. The motion contained no allegation that the defendant knew of no other witness by whom the facts could be fully proved. These defects defeat the motion. See Kent v. Favor, 3 N.M.(Gild.) 347, 5 P. 470; State v. Probert, 19 N.M. 13, 140 P. 1108.

¶2 There was no error in permitting the defendant, a witness in his own behalf, to be asked on cross-examination whether he had been convicted of a felony and served a term in the penitentiary. See section 45-606, Comp.St.1929, which in part is as follows : “A witness may be questioned as to whether he has been convicted of any felony or misdemeanor.”

¶3 Finding no error in the record, the judgment is affirmed and it is so ordered.

SADLER,, C. J., and HUDSPETH, BRICE, and ZINN, JJ., concur.
/40/nm/132 · .json · Public domain