Legal Opinion

State v. Jones

New Mexico Court of Appeals

Decided June 18, 1975No. 1777PublishedCited by 13 opinions

1Opinion of the Court

OPINION

HENDLEY, Judge.

This appeal is concerned with the propriety of instructing the jury with regard to the following presumption:

“B. The requisite knowledge or belief that property has been stolen is presumed in the case of an individual or dealer who:

“(1) is found in possession or control of property stolen from two [2] or more persons on separate occasions * * * ” Section 40A-16-11(B), N.M.S.A.1953 (2d Repl.Vol. 6, 1972).

Defendant was convicted of receiving stolen property contrary to § 40A-16-11, N.M.S.A.1953 (2d Repl.Vol. 6, 1972). The trial court instructed the jury pursuant to §…

2Cases cited13 opinions

  1. Bollenbach v. United StatesSupreme Court of the United States · 1946
  2. Barnes v. United StatesSupreme Court of the United States · 1973
  3. United States v. GaineySupreme Court of the United States · 1965
  4. State v. GunzelmanNew Mexico Supreme Court · 1973
  5. State v. LindseyNew Mexico Court of Appeals · 1969

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

3Cited by13 opinions

  1. State v. KendallNew Mexico Court of Appeals · 1977
  2. State v. TrossmanNew Mexico Supreme Court · 2009
  3. State v. HerreraNew Mexico Court of Appeals · 1991
  4. City of Albuquerque v. JuarezNew Mexico Court of Appeals · 1979
  5. State v. MatamorosNew Mexico Court of Appeals · 1976

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

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