Legal Opinion

State v. Olguin

New Mexico Court of Appeals

Decided November 12, 1975No. 2051PublishedCited by 14 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of receiving stolen property in excess of $100 contrary to § 40A-16-11, N.M.S.A.1953 (2d Rep.Vol. 6). The appeal involves (1) a question asked defendant at trial concerning his statement at time of arrest and the prosecutor’s argument to the jury; and (2) the trial court’s alleged error in not instructing the jury to disregard the owner’s hearsay testimony on the valuation of the stolen property. Defendant contends both issues involve plain error.

Question to Defendant and Prosecutor’s Argument

Defendant was charged with receiving two…

2Cases cited4 opinions

  1. United States v. HaleSupreme Court of the United States · 1975
  2. State v. RomeroNew Mexico Court of Appeals · 1975
  3. State v. LaraNew Mexico Court of Appeals · 1975
  4. State v. CarltonNew Mexico Court of Appeals · 1971

3Cited by14 opinions

  1. State v. YoungWashington Supreme Court · 1978
  2. State v. HoxsieNew Mexico Supreme Court · 1984
  3. State v. HamiltonNew Mexico Supreme Court · 1976
  4. State v. WildgrubeNew Mexico Court of Appeals · 2003
  5. State v. HennessyNew Mexico Court of Appeals · 1992

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