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• Title: State v. Pope
• Author : New Mexico Court of Appeals
• Release Date : January 14, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 46 KB

Description

Whether separate trials are to be held for defendants jointly indicted is a matter that must be addressed to and resolved by the sound discretion of the trial court. State v. Turnbow, 67 N.M. 241, 354 P.2d 533, 89 A.L.R.2d 461. In the case just cited there is an excellent summary of the applicable New Mexico cases as well as a statement of the test that is to be applied by the trial court and the reviewing court. Repetition here is not deemed to be necessary or expedient. The appellant points to the statements made by his co-defendant to a police officer that incriminated the appellant and it is claimed they were prejudicial to him. The trial court first heard this evidence in the absence of the jury. After correctly finding it to be admissible it was repeated to the jury after the court carefully admonished the jury that it could only be considered in determining the guilt or innocence of the co-defendant and not for any purpose against the appellant. This procedure is in full compliance with State v. McDaniels, 27 N.M. 59, 196 P. 177, State v. Lord, 42 N.M. 638, 84 P.2d 80, and Delli Paoli v. United States, 352 U.S. 232, 77 S. Ct. 294, 1 L. Ed. 2d 278. See also the annotation in 54 A.L.R.2d 830. The granting of a new trial or the denial of a request therefor is within the sound discretion of a trial court. This court will not disturb the decision of the trial court in such cases unless there has been a manifest abuse of discretion. Minor v. Homestake-Sapin Partners Mine, 69 N.M. 72, 364 P.2d 134 and Addison v. Tessier, 62 N.M. 120, 305 P.2d 1067. The evidence, consisting of the testimony of the prosecutrix, which was in part corroborated by neighbors, in part by the testimony of one or both of the defendants, and in part by other facts and circumstances, pointed so overwhelmingly to the guilt of appellant that there is no reasonable possibility that the admission into evidence of the statements of the co-defendant contributed to defendants conviction. People v. Gilbert, 63 Cal.2d 690, 702, 47 Cal. Rptr. 909, 408 P.2d 365, 372 (1966), reversed on other grounds, 388 U.S. 263, 87 S. Ct. 1951; 18 L. Ed. 2d 1178 (U.S. June 12, 1967); see also Fahy v. State of Connecticut, 375 U.S. 85, 84 S. Ct. 229, 11 L. Ed. 2d 171; Chapman v. State of California, 386 U.S. 18, 87 S. Ct. 824, 17 L. Ed. 2d 705 (1967).

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