Legal Opinion
State v. Johnson
New Mexico Court of Appeals
Decided June 23, 1972No. 830PublishedCited by 4 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
Johnson was convicted and sentenced on two separate counts of burglary. Section 40A-16-3, N.M.S.A.1953 (Repl.Vol. 6). He appeals.
We reverse and discharge Johnson as to Count I, and reverse and remand as to Count II.
Johnson claims error in seven respects. Two are dispositive of this appeal. The trial court, (1) failed to direct a verdict of acquittal; (2) failed to grant a severance of Count I and II.
1. Failure to Direct a Verdict of Acquittal
Johnson was charged by grand jury indictment with the offense of burglary of two different locations on February 3, 1970. Count I was…
Also in this document: Concurrence.
2Cases cited13 opinions
- Nathan L. Drew v. United StatesCourt of Appeals for the D.C. Circuit · 1964
- Harold S. Cross v. United States of America, John L. Jackson v. United StatesCourt of Appeals for the D.C. Circuit · 1964
- State v. GonzalesNew Mexico Court of Appeals · 1971
- Reid v. BrownNew Mexico Supreme Court · 1952
- State v. SeroNew Mexico Court of Appeals · 1970
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. GallegosNew Mexico Court of Appeals · 1989
- State v. MeadNew Mexico Court of Appeals · 1983
- State v. ViscarraNew Mexico Court of Appeals · 1972
- State v. JohnsonNew Mexico Court of Appeals · 1972