7 N.M. 439 | N.M. | 1894
The appellant, Tee Dan, was at the April, 1893, term of the district court for Grant county, indicted for the murder of Tee Tot Woh, to which indictment the plea of not guilty was interposed. The ease, being continued, came on for trial at the November, 1893, term of said district court. The testimony on the trial showed that in March, 1893, the defendant in the morning, about 7 or 8 o’clock, went tothe store where deceased was living, the living quarters, being rooms in the rear of the building; that he went to the room where deceased was lying in bed, and struck him on the head with an iron rod; that it does not appear whether he carried the rod with him or not; that the first intimation had by the witnesses, who were living in the same house, and present at the time, of any intended violence on the part of the defendant, was their hearing deceased cry out; that after three or four blows had been given the rod was wrested from the defendant; that after deceased had risen from the bed he fell upon the floor; that he was covered with blood from the blows which had been inflicted; that he was placed in bed; that the defendant said after the striking that he hit the deceased because he had been slandering him; that the deceased died early the next morning. It was also shown that before defendant came to the house he told one of the witnesses that he was going “to lick Yee Yot Woh.” Defendant said that he went to the house where deceased was, and that deceased attacked him with a club or broomstick, which he took away from deceased, and used in striking him. Defense also introduced testimony for the purpose of showing that after deceased had been carried to the hospital a surgical operation (trepanning) was so performed upon the skull of deceased as to be the proximate cause of death; that, as explanation for the unlooked-for result, it was shown that the skull of the deceased was abnormally thin, so as to deceive the physician who performed the operation, and cause the instrument to suddenly penetrate the brain. Two physicians made an autopsy of the remains. One testified as follows: “Q. In the condition that you found this operation had been performed, what, in your opinion, Vould have been the effect on the subject? A. Well, it settled all his chances for life. It was an exceedingly grave injury. In addition to the one received by the blow, it put beyond all hope any recovery.” On cross-examination this physician said: “Q. But in this instance you found the blood clot unusually large? A. Yes, sir. Q. And very compressed? A. Yes, sir. Q. And would that have caused death? A. Undoubtedly the hemorrhage was the proximate cause of death; the blow, the remote cause. Q. Even under the care of a more skillful physician, an injury to the brain-might probably cause death? A. Yes, sir: it is a very grave injury.” The other physician testified to very nearly the same effect, except that he differed with the former as to the size of the blood clot, and thought there was a possibility of its being absorbed, but for the operation of trepanning. A verdict was returned of murder in the second degree. Motion for new trial was made and overruled, and the case is here on seven assignments of error.
The first alleged error relates to the refusal by the court to give an instruction asked. ' We have compared the instruction requested with the portion of the court’s own instructions relating to the same matter; and think that what the court gave was not only the better instruction, but that it was even more favorable to the accused than the one asked.
This cause was submitted to the jury fairly, and we find no error in the record. Eor these reasons it is ordered that the judgment of the court appealed from be, and is hereby, affirmed.