Legal Opinion

State v. Atwood

New Mexico Court of Appeals

Decided December 3, 1971No. 685PublishedCited by 26 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge

Convicted of arson, defendant appeals. The issues are: (1) venue; (2) unauthorized contact with a juror; (3) sufficiency of the evidence; and (4) sequestration of the jury.

Venue.

Defendant moved for a change of venue, alleging an impartial jury could not be obtained because of “public excitement or local prejudice.” The trial court held a hearing on the motion. Defendant’s evidence was to the effect that articles in the Roswell newspaper had prejudiced the residents of Chaves County against defendant so that an impartial jury could not be obtained. The State introduced…

2Cases cited25 opinions

  1. State v. OchoaNew Mexico Supreme Court · 1937
  2. State v. McFerranNew Mexico Court of Appeals · 1969
  3. State v. GutierrezNew Mexico Court of Appeals · 1967
  4. State v. MaesNew Mexico Court of Appeals · 1970
  5. State v. HarrisonNew Mexico Court of Appeals · 1970

20 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. State v. LunaNew Mexico Court of Appeals · 1979
  2. State v. HouseNew Mexico Supreme Court · 1999
  3. State v. AguirreNew Mexico Supreme Court · 1972
  4. State v. RossNew Mexico Court of Appeals · 1974
  5. State v. MadridNew Mexico Court of Appeals · 1972

21 more not listed; retrieve them via the Exa API.

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