State v. Foster
New Mexico Court of Appeals
1Opinion of the Court
OPINION
HENDLEY, Judge.
Defendant was convicted of sodomy (Count I) contrary to § 40A-9-6, N.M.S.A. 1953 (2d Repl. Vol. 6, 1972) and attempted sodomy (Count II) contrary to § 40A-9-6, supra and § 40A-28-1, N.M.S.A.1953 (2d Repl. Vol. 6, 1972). He appeals alleging six points for reversal. Two points are dispositive of the appeal, namely, criminal information and specific intent. We reverse the conviction of Count I and reverse and remand for a new trial on Count II.
I. Criminal Information
Defendant first contends that Count I of the Information is void because it fails to allege a specific date…
Also in this document: Concurrence.
2Cases cited14 opinions
- State v. RoyNew Mexico Supreme Court · 1936
- State v. GunzelmanNew Mexico Supreme Court · 1973
- State v. LottNew Mexico Supreme Court · 1963
- State v. McNeeceNew Mexico Court of Appeals · 1971
- State v. BuchananNew Mexico Supreme Court · 1967
9 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. JohnsonNew Mexico Court of Appeals · 1985
- State v. VialpandoNew Mexico Court of Appeals · 1979
- State v. MyersNew Mexico Supreme Court · 2009
- State v. DobbsNew Mexico Court of Appeals · 1983
- State v. GuruleNew Mexico Court of Appeals · 1977
21 more not listed; retrieve them via the Exa API.