Legal Opinion
State v. Wingate
New Mexico Court of Appeals
Decided April 9, 1975No. 1533PublishedCited by 19 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
The dispositive issue is whether larceny is a lesser offense included within robbery.
The indictment charged defendant with armed robbery. The jury was instructed on armed robbery and the lesser offense of robbery. Section 40A-16-2, N.M.S.A.1953 (2d Repl. Vol. 6, Supp.1973). Defendant requested instructions on larceny under $100.00. Section 40A-16-1, N.M.S.A.1953 (2d Repl. Vol. 6). The requested instructions were refused. Defendant was convicted of robbery. He contends the requested instructions on larceny should have been given. We agree.
It is not contended that the…
2Cases cited5 opinions
- Wesley Walker, Jr. v. United StatesCourt of Appeals for the D.C. Circuit · 1969
- State v. PugaNew Mexico Court of Appeals · 1973
- State v. AnayaNew Mexico Supreme Court · 1969
- Lamore v. United StatesCourt of Appeals for the D.C. Circuit · 1943
- State v. EcklesNew Mexico Supreme Court · 1968
3Cited by19 opinions
- State v. BernalNew Mexico Supreme Court · 2006
- Chavez v. ChenowethNew Mexico Court of Appeals · 1976
- State v. SmithNew Mexico Court of Appeals · 1975
- State v. RobinsonNew Mexico Supreme Court · 1980
- State v. GallegosNew Mexico Court of Appeals · 1989
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