Legal Opinion

State v. Torres

New Mexico Court of Appeals

Decided January 30, 1970No. 363PublishedCited by 60 opinions

1Opinion of the Court

OPINION

WOOD, Judge.

Defendant appeals his conviction of aggravated assault. Section 40A-3-2, N.M. S.A.1953 (Repl.Vol. 6). The issues concern: (1) lack of counsel at arraignment; (2) line-up identification; (3) standing to claim unlawful search and seizure; (4) lawfulness of the search and seizure; (5) reference to intended proof in the opening statement with no attempt at such proof; (6) cross-examination as to defendant’s misconduct; and, (7) impeachment of a witness.

Lack of counsel at arraignment.

At defendant’s arraignment in District Court, the court inquired if defendant had an attorney.…

2Cases cited38 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Carroll v. United StatesSupreme Court of the United States · 1925
  3. Aguilar v. TexasSupreme Court of the United States · 1964
  4. Simmons v. United StatesSupreme Court of the United States · 1968
  5. Spinelli v. United StatesSupreme Court of the United States · 1969

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

3Cited by60 opinions

  1. State v. JacobsNew Mexico Supreme Court · 2000
  2. State v. MooreNew Mexico Court of Appeals · 1989
  3. Chavez v. ChenowethNew Mexico Court of Appeals · 1976
  4. State v. CrumpNew Mexico Supreme Court · 1971
  5. State v. VialpandoNew Mexico Court of Appeals · 1979

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

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