Legal Opinion
State v. Wynn
New Mexico Court of Appeals
Decided April 5, 2001No. 20,957PublishedCited by 16 opinions
1Opinion of the Court
OPINION
ALARID, Judge.
{1} Defendant appeals his conviction for aggravated battery on a household member. We reverse.
Whether the State Proved a Touching or Application of Force
{2} Defendant argues that the State was required to prove that he directly touched the victim’s person or something attached to the victim’s person. New Mexico defines aggravated battery against a household member as “the unlawful touching or application of force to the person of a household member with intent to injure that person or another.” NMSA 1978, § 30-3-16(A) (1995) (emphasis added). In our view, the phrase…
2Cases cited16 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- State v. WestTennessee Supreme Court · 1992
- State v. PabstSupreme Court of Kansas · 2000
- State v. GarciaNew Mexico Supreme Court · 1992
- United States v. Robert Aulicino, Jr., David Cleary, and Louis Ruggiero, Jr.Court of Appeals for the Second Circuit · 1995
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. GarciaNew Mexico Supreme Court · 2005
- State v. DowlingNew Mexico Supreme Court · 2011
- State v. SladeNew Mexico Court of Appeals · 2014
- State v. MoralesNew Mexico Court of Appeals · 2002
- State v. SkippingsNew Mexico Supreme Court · 2011
11 more not listed; retrieve them via the Exa API.