Legal Opinion

City of Roswell v. New

New Mexico Supreme Court

Decided January 29, 1960No. 6522Published

1Opinion of the Court

CARMODY, Justice., Defendant-appellant was found guilty in the police court of operating a motor vehicle while under the influence of- intoxicating liquor. Upon appeal to the district court, with a trial de novo, he was again found guilty, and it is from this judgment and sentence that he appeals.

The questions involved relate to whether or not the judgment is supported by substantial evidence that the defendant was guilty beyond a reasonable doubt, and whether the proceedings were based upon an illegal arrest.

The defendant at the time of the alleged offense was an officer in the New Mexico…

2Cases cited5 opinions

  1. Kilpatrick v. StateNew Mexico Supreme Court · 1953
  2. City of Roswell v. HallNew Mexico Supreme Court · 1941
  3. State v. AllsNew Mexico Supreme Court · 1951
  4. City of Roswell v. FergusonNew Mexico Supreme Court · 1959
  5. City of Albuquerque v. PatrickNew Mexico Supreme Court · 1957

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