Legal Opinion

State v. Jones

New Mexico Court of Appeals

Decided July 18, 1973No. 1144PublishedCited by 14 opinions

1Opinion of the Court

OPINION

LOPEZ, Judge.

Defendant was charged with the rape of one Judy Brady. The trial ended in a hung jury. The defendant was then tried for assault with intent to commit a violent felony, to wit: rape, contrary to § 40A-3-3, N.M.S.A.1953 (2d Repl.Vol. 6). The alleged victim was one Mary Cross, Judy Brady’s companion on the night in question. Defendant was convicted.

Defendant raises nine points for reversal. In this case, we review only two.

The first is that the trial court failed to instruct the jury as to the essential elements of the crime charged. The instruction complained of states:

“The…

2Cases cited9 opinions

  1. State v. GunzelmanNew Mexico Supreme Court · 1973
  2. State v. LopezNew Mexico Court of Appeals · 1969
  3. State v. WalshNew Mexico Court of Appeals · 1969
  4. State v. BrooksNew Mexico Supreme Court · 1955
  5. Woods v. StateNew Mexico Court of Appeals · 1972

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

3Cited by14 opinions

  1. State v. BellNew Mexico Supreme Court · 1977
  2. State Ex Rel. Watson v. FergusonWest Virginia Supreme Court · 1980
  3. State v. GonzalesNew Mexico Court of Appeals · 1974
  4. State v. GilbertNew Mexico Court of Appeals · 1982
  5. State v. MontoyaNew Mexico Court of Appeals · 1974

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

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