Legal Opinion
State v. Lunn
New Mexico Court of Appeals
Decided April 9, 1971No. 576PublishedCited by 29 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
Lunn was convicted of murder in the second degree, § 40A-2-1, N.M.S.A.1953(Repl.Vol. 6), and of an attempt to commit murder in the second degree, § 40A-28-1, N.M.S.A.1953 (Repl.Vol. 6). We reverse the convictions because hearsay testimony was admitted which deprived the defendant of his constitutional right to confront the witnesses against him. Sixth Amendment to the U. S. Constitution, N.M.Const. Art. 2, § 14. This confrontation issue involves, testimony admitted as part of the res gestae.
The killing of Nick Candelaria and the wounding of his wife, Gabriela Candelaria,…
2Cases cited19 opinions
- Pointer v. TexasSupreme Court of the United States · 1965
- California v. GreenSupreme Court of the United States · 1970
- Dutton v. EvansSupreme Court of the United States · 1970
- Douglas v. AlabamaSupreme Court of the United States · 1965
- Barber v. PageSupreme Court of the United States · 1968
14 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State v. BelangerNew Mexico Supreme Court · 2009
- State v. MaestasNew Mexico Court of Appeals · 1978
- People v. OrdunoCalifornia Court of Appeal · 1978
- State v. MartinezNew Mexico Court of Appeals · 1982
- State v. JacobsNew Mexico Court of Appeals · 1978
24 more not listed; retrieve them via the Exa API.