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.
ANNOTATIONSCompiler'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.