State v. Lucero

OPINION

WOOD, Judge.

Convicted of burglary, defendant appeals. He contends the grand jury indictment (1) erroneously stated the place of the offense and (2) erroneously named the owner of the residence which was burglarized, On this basis defendant asserts the indictment was fatally defective.

The indictment charged defendant with burglary contrary to § 40A-16-3, N. M.S.A.1953. Under § 41-6-7, N.M.S.A. 1953, an indictment is valid and sufficient if it identifies the crime charged by reference to the statute establishing the offense. State v. Lott, 73 N.M. 280, 387 P.2d 855 (1963).

In addition to…