25 N.M. 231 | N.M. | 1919
OPINION OP THE COURT.
-The appellant was tried and'convicted of the larceny of two head of neat cattle.
In the condition of the record, we have no way of knowing anything about the truth of the facts set up in the motion, and the fact that the motion was overruled by the district court would rather seem to contradict the allegations of the motion. There is no transcript of the examination of the jurors as to their qualifications to sit in the trial of the case, and the appellant is therefore in no position to assert that there was any action taken by the court detrimental to his interests. A case similar in principle is State v. Balles, 24 N. M. 16, 172 Pac. 196. In that case we held that alleged prejudicial remarks of the judge in the presence of the jury could not be considered unless certified in the bill of exceptions, and we further held that, in the absence of a showing that the jurors who sat in the case heard the said remarks, there was no showing of which the appellant could complain. Just so in this case there is no showing that any juror sat in the case who was biased or prejudiced against the appellant, and he cannot therefore predicate error upon the refusal of the court to continue the case.
There being no error in the record, the judgment should be affirmed, and the cause remanded to the district court, with instructions to enforce the same; and it is so ordered.