Legal Opinion

State v. Howell

New Mexico Court of Appeals

Decided May 22, 1979No. 3941PublishedCited by 6 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Defendant is charged with child abuse contrary to § 30-6-1(0(2), N.M.S.A.1978 (Supp.1978). We do not consider the proposed amendment to the information because the record does not show that the trial court has allowed the amendment. The trial court ruled that defendant’s wife would not be permitted to testify as a witness for the prosecution; the State appealed. We discuss: (1) the husband-wife privilege; and (2) an issue not raised in the trial court.

Husband-Wife Privilege

The mother of the child involved in this case arranged for defendant’s wife to care for the…

2Cases cited6 opinions

  1. Alexander v. Delgado Ex Rel. DelgadoNew Mexico Supreme Court · 1973
  2. Ammerman v. Hubbard Broadcasting, Inc.New Mexico Supreme Court · 1976
  3. State v. HerreraNew Mexico Court of Appeals · 1978
  4. State v. ScottNew Mexico Court of Appeals · 1977
  5. Fevig v. FevigNew Mexico Supreme Court · 1977

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

3Cited by6 opinions

  1. State v. LujanNew Mexico Court of Appeals · 1985
  2. State v. GutierrezNew Mexico Supreme Court · 2019
  3. State v. HowellNew Mexico Court of Appeals · 1979
  4. State v. JonesCourt of Appeals of Oregon · 1994
  5. Trujillo v. ChavezNew Mexico Court of Appeals · 1979

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

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