New Mexico Supreme Court February 25, 1908, No. 1119 (Territory of New Mexico v. Tais)

OPINION OP THE ’COURT.

ABBOTT, J.

The instruction given to the jury at the trial of this cause in relation to the evidence for the defendant that he was not present when the murder with which he was charged was committed, whatever support it may have in the decisions of this or other courts, is eon-sidered by some of the best law writers illogical and unsound, and has been so held in many well