State v. Nagel

OPINION

SUTIN, Judge.

Defendant was convicted and sentenced on two counts of false imprisonment [§ 40A-4-3, N.M.S.A.1953 (2d Repl.Vol. 6)] and one count of aggravated assault [§ 40A-3-2]. We reverse.

A. The doctrine of collateral estoppel entitles defendant to a directed verdict.

The facts of this case are uncontroverted. In the early afternoon of August 26, 1973, the defendant, upset by the infidelity of his wife, Sarah, purchased a .38 revolver and went looking for his wife and her paramour, an associate professor of psychology at the University of New Mexico, hereinafter called “professor”.…