State v. Gonzales

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of robbery while armed with a deadly weapon. Section 40A-16-2, N.M.S.A.1953 (2d Repl. Vol. 6). He claims the evidence as to “deadly weapon” is insufficient to sustain his conviction. We agree.

There is evidence that a “tire tool” was used in the robbery. Our statute does not specifically define a tire tool as a deadly weapon. The question then is whether it is a “ * * * weapon which is capable of producing death or great bodily harm * * * ” or a weapon “ * * * with which dangerous wounds can be inflicted;” Section 40A-1-13, N.M.S.A.1953…