Legal Opinion
State v. Doak
New Mexico Court of Appeals
Decided September 14, 1976No. 2493PublishedCited by 6 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Each defendant was charged with the felony offenses of battery upon a peace officer and assault with intent to kill or commit mayhem. Sections 40A-22-23 and 40A-3-3, N.M.S.A.1953 (2d Repl. Vol. 6). The jury convicted each defendant of the lesser misdemeanor offenses of assault upon a peace officer and simple assault. Sections 40A-22-20 and 40A-3-1, N.M.S.A. 1953 (2d Repl. Vol. 6). Defendants’ appeal raises numerous issues; two issues are dispositive. They are: (1) death pending appeal, and (2) Evidence Rule 408.
Death Pending Appeal
The trial court’s judgment sentenced…
2Cases cited5 opinions
- Durham v. United StatesSupreme Court of the United States · 1971
- State v. SantillanesNew Mexico Court of Appeals · 1974
- Fenberg v. RosenthalAppellate Court of Illinois · 1952
- State v. OdomNew Mexico Court of Appeals · 1974
- State v. CrumpNew Mexico Supreme Court · 1918
3Cited by6 opinions
- State v. SalazarNew Mexico Supreme Court · 1997
- Jesko v. Stauffer Chemical CompanyNew Mexico Court of Appeals · 1976
- Fahrbach v. Diamond Shamrock, Inc.New Mexico Supreme Court · 1996
- State v. HoxsieSouth Dakota Supreme Court · 1997
- State v. MartinezNew Mexico Court of Appeals · 1979
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