Legal Opinion
State v. Sena
New Mexico Court of Appeals
Decided April 9, 1971No. 591PublishedCited by 8 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
Defendant appeals his conviction of unlawfully possessing LSD. Section 54-5-18, N.M.S.A.1953 (Repl.Vol. 8, pt. 2, Supp. 1969). The trial court submitted the issue of entrapment to the jury. Defendant claims this was error, asserting he was entrapped as a matter of law.
Concerning the defense of entrapment, State v. Roybal, 65 N.M. 342, 337 P.2d 406 (1959) states:
" * * * it is not permissible for an officer to initiate the criminal act, nor to use undue persuasion or enticement to induce the defendant to commit a crime, when without such conduct upon the part of the officer…
2Cases cited7 opinions
- Sherman v. United StatesSupreme Court of the United States · 1958
- Masciale v. United StatesSupreme Court of the United States · 1958
- State v. GarciaNew Mexico Supreme Court · 1968
- State v. AkinNew Mexico Supreme Court · 1965
- State v. SanchezNew Mexico Court of Appeals · 1968
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. SainzNew Mexico Court of Appeals · 1972
- State v. VickeryNew Mexico Court of Appeals · 1973
- State v. SheetzNew Mexico Court of Appeals · 1991
- State v. RomeroNew Mexico Court of Appeals · 1974
- State v. RodriguezNew Mexico Court of Appeals · 1972
3 more not listed; retrieve them via the Exa API.