201 F. 497 | 8th Cir. | 1912
The writ of error in this case questions the judgment of the Supreme Court of New Mexico which affirmed a conviction of the defendant below of the crime of murder in the third degree.
The legal presumption is that error produces prejudice, arid it is only when it appears so clear as to be beyond doubt that the error challenged did not prejudice, and could not have prejudiced, the complaining party, that the rule that error without prejudice is no ground for reversal is applicable.
The judgment below must therefore be reversed, and the case must be remanded, with directions to set aside the verdict and grant a new trial, and it is so ordered.