El Nuevo mexicano., 1918-08-29

entered by husband until 'Septem-
Der, 1911, when husband abandoned
appellee. She returned to Oklahoma.
On June IA. 1914, the parties were
divorced. Final proof ON said entry
was made by the husband in April,
1915. In August, 1915, the former
husband of appellee attempted to
sell the homestead to appellant. APP
pellee prayed the cancellation Of said
deed.
Syllabus
Title to public lands, acquired by
patent by a divorced husband, does
not relate hack to its initiation by
entry and settlement and consequent
ly does not constitute community
property.
Judgment reversed.
Opinion by District Judge Mechem,
Justice Parker and Justice Roberts
concurring.
DE 5AcA COUNTY CONVICTION
IN RAPE CASE UPHELD
In the case of the State of New
Mexico, appellee, VS.. Samuel White
ner, appellant, on appeal from the
De Baca county district court, the
statement of facts is as follows:
The appellant was convicted of
statutory rape and has appealed 70
this court.
Syllabus
1. Under facts stated, there was
abuse of discretion in denying
motion for a continuance.
2. Evidence tending to show more
than one act of criminal intercourse
between the accused and the prose-
is admissible to show the re-
lation and familiarity of the parties
and as corroborative of the prose-
testimony concerning the
particular act relied upon for a con-
viction. =
3. AS no confederation of prose-
cutrix is necessary to uphold convic-
lion for rape Estate VS.. Ellison, 10
N. M. 1927 a requested instruction
IN the subject of confederation, con
to the rule, is properly re-
used.
4. Where no exception was saved
a given instruction it cannot be
considered on appeal.
s.. Whether pr%osecutrix was under
of consent or not is a question
or the jury.
g.. Where verdict is supported by
substantial evidence, same will not
)e disturbed on appeal.
Judgment affirmed.
Opinion by District Judge Mechem,
Justice Parker and Justice Roberts
ioncurring.
In the case of w. B. Wersfelder,
ppellant, VS.. A., T. & S. F. Ry. com
any, appellee, from Curry county, it
held:
Suit for damages on account of
hipments of livestock brought by
f~ersfelder, one an interstate ship
tent the others interstate ship
'ents. The company denied liability
the statute of limitations.
Tersfelder plead a waiver of the lin
alton by reason of the acts of the
ompany.
The case was tried and upon is
ue Joined judgment was rendered for.
efendants from which this appeal is
rosecuted.
Judgment of the court below af-
.rmed as to second cause of action
nd reversed as to the first and
lird.
Syllabus
/. Under Section 4743, Code 1915,
cid a carrier could waive a time
initiation on shippers right to sue
" damages, contained in the bill
lading.
2. Where it does not appear from
lie record that the trial court ruled
4 a question of pleading, this court
i'll decline to consider 1t, when to
} so would be to deprive one of the
lrties of his right to amend.
Opinion by District Judge Mechem,
lstice Parker and Justice Roberts
mourning. y
In r. 7. Holton, appellee, VS.. John
i. James, appellant. from Curry
,unty, the court said:
This is an action for damages on
Of personal injuries. The
u nldIGHt3 vi pIdlHJlll . 1uJuIlSc was
! issue in the ease. Judgment for
aintiff and defendant appeals.
Judgment Of the court below af-
rmed.
Syllabus
In an action for corporal injuries,
here plaintiff takes the stand and
his injuries to the jury, the
ial court has lawful authority to
quire the bodily inspection of the
jured plaintiff, to the end that the
nth of the nature, effect and posi-
e duration of the injuries may be
certained.
Opinion by District Judge Mechem,
Parker and Justice Roberts
mourning.
IENRY FORD GETS