Legal Opinion
State v. Garcia
New Mexico Court of Appeals
Decided October 13, 1972No. 935PublishedCited by 19 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
Garcia and Rivera were convicted and sentenced for rape. § 40A-9-2(A), N.M. S.A.1953 (2nd Repl.Vol. 6). They both appeal.
We affirm.
A. Garcia’s Appeal
Garcia did not testify at his trial. He claims the trial court erred in giving the stock instruction on Garcia’s failure to testify. Garcia objected because Rivera did testify in the joint trial and the instruction tended to cause prejudice in the minds of the jury. This is an “extraordinary and novel” objection, but it has no merit. State v. Graves, 21 N.M. 556, 157 P. 160 (1915). In effect, Garcia attempts to avoid an…
2Cases cited12 opinions
- Bruno v. United StatesSupreme Court of the United States · 1939
- John Michael Williamson v. United StatesCourt of Appeals for the Ninth Circuit · 1962
- State v. GravesNew Mexico Supreme Court · 1915
- State v. AndradaNew Mexico Court of Appeals · 1971
- Patterson v. StateNew Mexico Court of Appeals · 1970
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Daellenbach v. StateWyoming Supreme Court · 1977
- State v. CrainNew Mexico Court of Appeals · 1997
- Hardaway v. StateCourt of Appeals of Maryland · 1989
- State v. JonesNew Mexico Court of Appeals · 1995
- McNeill v. Rice Engineering & Operating, Inc.New Mexico Court of Appeals · 2003
14 more not listed; retrieve them via the Exa API.