Legal Opinion

State v. Gonzales

New Mexico Court of Appeals

Decided February 25, 1982No. 5382PublishedCited by 15 opinions

1Opinion of the Court

OPINION

WOOD, Judge.

Defendant appeals his conviction of battery on a peace officer. Section 30-22-24, N.M.S.A.1978. The issues involve the trial court’s refusal: (1) to instruct on battery as a lesser included offense and (2) to give approved instructions on self-defense.

Defendant was involved in a fight at a bar. Officers, responding to a “fight” call, observed defendant, with others, in a car in the bar’s parking lot. Defendant was bleeding from his head; during the fight he had been struck on the head with a beer bottle.

Officer Cassady ordered those in the car to get out and asked if anyone…

2Cases cited10 opinions

  1. State v. ManusNew Mexico Supreme Court · 1979
  2. State v. DoeNew Mexico Supreme Court · 1978
  3. State v. KraulNew Mexico Court of Appeals · 1977
  4. State v. DuranNew Mexico Supreme Court · 1978
  5. State v. HillNew Mexico Court of Appeals · 1975

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

3Cited by15 opinions

  1. State v. HillNew Mexico Court of Appeals · 2001
  2. State v. ShaferNew Mexico Court of Appeals · 1985
  3. Fugere v. State, Taxation & Revenue Department, Motor Vehicle DivisionNew Mexico Court of Appeals · 1995
  4. Jonas v. BOARD OF COMM'RS OF LUNA COUNTYDistrict Court, D. New Mexico · 2010
  5. State v. NozieNew Mexico Court of Appeals · 2007

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

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