Legal Opinion

State v. Padilla

New Mexico Court of Appeals

Decided March 27, 1974No. 1249PublishedCited by 10 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Convicted of two counts of kidnapping and two counts of rape, defendant appeals. The issues concern: (1) amendment of the counts charging kidnapping; (2) questioning of witness by trial judge; (3) improper communication between witnesses; and (4) inconsistent verdicts amounting to fundamental error.

Amendment of kidnapping counts.

The applicable kidnapping statute is § 40A-4 — 1, N.M.S.A.1953 (2d Repl.Vol. 6) prior to its amendment by Laws 1973, ch. 109, § 1. As interpreted by State v. Clark, 80 N.M. 340, 455 P.2d 844 (1969) one method of violating § 40A-4-1, supra, was…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. State v. ClarkNew Mexico Supreme Court · 1969
  2. State v. LeybaNew Mexico Court of Appeals · 1969
  3. State v. SedilloNew Mexico Supreme Court · 1966
  4. State v. TijerinaNew Mexico Supreme Court · 1973
  5. State v. VigilNew Mexico Court of Appeals · 1973

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. State v. CastañedaNew Mexico Court of Appeals · 2001
  2. State v. CutnoseNew Mexico Court of Appeals · 1974
  3. State v. GarciaNew Mexico Supreme Court · 1979
  4. State v. KingNew Mexico Court of Appeals · 1977
  5. State v. PerrinNew Mexico Supreme Court · 1979

5 more not listed; retrieve them via the Exa API.

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