In any prosecution under this chapter, any participant in a violation thereof, when so requested by the district attorney, state warden [director of the department of game and fish] or other officer instituting the prosecution, may testify as a witness against any other person charged with violating the same, and his evidence so given shall not be used against him in any prosecution for such violation.
History: Laws 1912, ch. 85, § 40; Code 1915, § 2463; C.S. 1929, § 57-248; 1941 Comp., § 43-212; 1953 Comp., § 53-2-12.
Compiler's notes. — The compilers of the 1915 Code substituted the words "this chapter" for the words "this act." Chapter 47, 1915 Code, comprised the whole of Laws 1912, ch. 85, the presently effective provisions of which are compiled as 17-1-12, 17-1-13, 17-2-11, 17-2-13, 17-2-17 to 17-2-20, 17-2-21, 17-2-23 to 17-2-28, 17-3-7, 17-3-29, 17-3-30, 17-3-33, 17-3-34, 17-4-6, 17-4-8 to 17-4-29 NMSA 1978.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1955, ch. 59, § 2 transferred the duties of the state game warden. See 17-1-6 NMSA 1978.
Immunity statutes have only been passed as to particular crimes. — The legislature has gone no further than to pass immunity statutes applicable only in prosecutions for particular crimes, such as this section. Apodaca v. Viramontes, 1949-NMSC-064, 53 N.M. 514, 212 P.2d 425.
Structure New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 2 - Hunting and Fishing Regulations
Section 17-2-1 - Commission powers.
Section 17-2-2 - Game to be protected.
Section 17-2-2.1 - Artificial wildlife.
Section 17-2-3 - Protected wildlife species and game fish defined.
Section 17-2-4.1 - Jaguar to be protected.
Section 17-2-5 - Adoption of regulations; effective date.
Section 17-2-6 - Game and fish management areas; closed lakes or streams; notice.
Section 17-2-7 - Unlawful hunting or fishing.
Section 17-2-7.2 - Landowner taking; conditions; department responsibilities.
Section 17-2-8 - Unlawful taking of big game and waste of game.
Section 17-2-9 - Jurisdiction of magistrate court.
Section 17-2-10 - Violation of game and fish laws or rules; penalties.
Section 17-2-10.2 - Game and fish penalty assessment; payment.
Section 17-2-10.3 - Game and fish penalty assessment; license revocation.
Section 17-2-10.4 - Game and fish penalty assessment revenue; disposition.
Section 17-2-11 - [Witness testifying for state; evidence not to be used against him.]
Section 17-2-12 - Refuges; firearms on; prohibited; exceptions.
Section 17-2-13 - Songbirds; trapping, killing or injuring prohibited.
Section 17-2-15 - [Horned toads; killing, selling or shipping from state unlawful.]
Section 17-2-17 - [Storage of game or fish.]
Section 17-2-18 - [Menu as evidence of possession of game or fish.]
Section 17-2-19 - Enforcement of game laws; powers of conservation officers.
Section 17-2-20.1 - Seizure and forfeiture; property subject.
Section 17-2-20.3 - Penalties.
Section 17-2-22 - Sale of evidence in cases of appeal.
Section 17-2-23 - [Reports of seizures and sales.]
Section 17-2-25 - [Game or fish in possession of passenger; carrier exempt from liability; seizure.]
Section 17-2-26 - Civil liability.
Section 17-2-27 - [District attorneys to prosecute and defend actions under fish and game laws.]
Section 17-2-28 - [Indians hunting off reservations; hunting on reservations; application of laws.]
Section 17-2-31 - Use of artificial light while hunting prohibited.