New Mexico Supreme Court January 15, 1883 (Territory of New Mexico v. Yarberry)

Axtell, Chief Justice:

The defendant, Yarberry, was indicted for murder in the second district court of the county of Bernalillo, May term, A. D. 1882.

He was tried at the same term, convicted of murder in the first degree and sentenced to be hung; he appeals to this court, and urges particularly the following reasons why he ought to be granted a new trial:

The first reason given is “ that the