State v. Kincheloe

OPINION

HENDLEY, Judge.

As the result of a high-speed chase and a subsequent affray at defendant’s home, defendant was arrested and charged with aggravated assault upon a peace officer, (§ 40A-22-21, N.M.S.A.1953 (2d Repl.Vol. 1972)), a third degree felony and battery upon a peace officer, (§ 40A-22-23, N.M. S.A. 1953 (2d Repl.Vol. 1972)), a fourth degree felony.

The trial court appointed counsel and defendant was given a preliminary hearing, a record of which is not included in the transcript on appeal. Subsequently, defendant was arraigned and entered a plea of not guilty to both charges.

During…