Legal Opinion
State v. Herrera
New Mexico Court of Appeals
Decided March 12, 1971No. 519PublishedCited by 15 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
Convicted of unlawfully selling or disposing of marijuana contrary to § 54-5-14, N.M.S.A.1953 (Repl.Vol. 8, pt. 2), defendant appeals. The issues concern: (1) venue; (2) jury array; (3) continuance; (4) challenge of a juror for cause; and (5) an instruction with a notation.
Venue.
Defendant’s motion for change of venue was sufficient under § 21-5-3, N.M. S.A.1953 (Repl.Vol. 4) to require that venue be changed if not controverted and if no evidence was presented or required by the trial court. However, the trial court directed that a hearing be held. At the hearing, evidence…
2Cases cited13 opinions
- United States v. William RaglandCourt of Appeals for the Second Circuit · 1967
- Deats v. StateNew Mexico Supreme Court · 1969
- Scott v. BrownNew Mexico Supreme Court · 1966
- State v. GonzalesNew Mexico Court of Appeals · 1971
- State v. BurrusNew Mexico Supreme Court · 1934
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. GunzelmanNew Mexico Supreme Court · 1973
- State v. AtwoodNew Mexico Court of Appeals · 1971
- State v. MartinezNew Mexico Supreme Court · 1981
- State v. MirelesNew Mexico Court of Appeals · 1972
- State v. FuentesNew Mexico Court of Appeals · 1973
10 more not listed; retrieve them via the Exa API.