State v. Wheeler

OPINION

HENDLEY, Judge.

Defendant was charged with assault with intent to commit a violent felony — robbery — contrary to § 40A-3-3, N.M.S.A.1953 (2d Repl.Vol. 6, 1972); two counts of kidnapping contrary to § 40A-4-1, N.M.S.A. 1953 (2d Repl.Vol. 6, 1972, Supp.1975) and the unlawful taking of a motor vehicle contrary to § 64-9-4, N.M.S.A.1953 (2d Repl. Vol. 9, pt. 2, 1972, Supp.1975). He filed a motion to suppress a statement given to police and the physical evidence — a knife and a gun. The motion was granted and the state appeals. We reverse as to the knife and affirm as to the statement and…