Legal Opinion
State v. Ellis
New Mexico Court of Appeals
Decided March 23, 1976No. 2059PublishedCited by 16 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Convicted of voluntary manslaughter, defendant appeals. We discuss three of the issues raised: (1) validity of the indictment, (2) sufficiency of the evidence, and (3) exclusion of tendered testimony.
Validity of the Indictment
The grand jury indictment was handed to an assistant district attorney who in turn handed it to a deputy district court clerk who filed it in the district court records.
Defendant moved to dismiss the indictment as invalid, contending that it was mandatory and jurisdictional that an indictment be “returned in open court” either by the grand jury…
2Cases cited13 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Kelly v. MontoyaNew Mexico Court of Appeals · 1970
- State v. LopezNew Mexico Supreme Court · 1973
- Flores v. FloresNew Mexico Court of Appeals · 1973
- State v. ChambersNew Mexico Supreme Court · 1972
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. MartinNew Mexico Supreme Court · 1984
- State v. LankfordNew Mexico Supreme Court · 1978
- State v. BalderamaNew Mexico Supreme Court · 2004
- State v. MitterWest Virginia Supreme Court · 1981
- Jesko v. Stauffer Chemical CompanyNew Mexico Court of Appeals · 1976
11 more not listed; retrieve them via the Exa API.