Legal Opinion

State v. Billington

New Mexico Court of Appeals

Decided February 6, 1974No. 1285PublishedCited by 13 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

Defendant was convicted of perjury in violation of § 40A-25-1, N.M.S.A. 1953 \f¿á Repl. Vol. 6). Defendant appeals. We reverse.(1) The trial court abused its discretion in denying defendant a continuance.

On November 10, 1972, defendant filed a motion for disclosure of names of witnesses the State intended to call at trial pursuant to Rule 27 (b) of the Rules of Criminal Procedure [§ 41-23-27(b), N.M.S.A. 1953 (2d Repl. Vol. 6, 1973 Supp.)]. On January 5, 1973, the State voluntarily furnished a list of witnesses which did not include an important witness whose testimony was…

2Cases cited11 opinions

  1. Jencks v. United StatesSupreme Court of the United States · 1957
  2. Dennis v. United StatesSupreme Court of the United States · 1966
  3. Palermo v. United StatesSupreme Court of the United States · 1959
  4. State v. HargroveNew Mexico Court of Appeals · 1970
  5. State v. MaesNew Mexico Court of Appeals · 1970

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

3Cited by13 opinions

  1. Robert Gray Graham v. Herman Solem, Warden, South Dakota State Penitentiary, and Mark v. Meierhenry, Attorney General, State of South DakotaCourt of Appeals for the Eighth Circuit · 1984
  2. Doe v. StateNew Mexico Court of Appeals · 1975
  3. Chacon v. StateNew Mexico Court of Appeals · 1975
  4. State v. QuintanaNew Mexico Court of Appeals · 1974
  5. State v. BlakleyNew Mexico Court of Appeals · 1977

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

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