Legal Opinion

State v. Neatherlin

New Mexico Court of Appeals

Decided February 9, 2007No. 25,729PublishedCited by 20 opinions

1Opinion of the Court

OPINION

CASTILLO, Judge.

{1} Defendant appeals his conviction for aggravated battery with a deadly weapon, a third-degree felony. In our review of this case, we are required to determine if the human mouth can be a deadly weapon, pursuant to NMSA 1978, § 30-l-12(B) (1963) (defining “deadly weapon”), and NMSA 1978, § 30-3-5(C) (1969) (explaining felony aggravated battery). We conclude that a jury could reasonably determine that the human mouth is a deadly weapon if the mouth is used in a manner that could cause death or great bodily harm. We hold that sufficient evidence existed to support the…

2Cases cited31 opinions

  1. State v. MeadorsNew Mexico Supreme Court · 1995
  2. State v. MartinezNew Mexico Supreme Court · 1999
  3. State v. JohnsonNew Mexico Supreme Court · 2004
  4. United States v. James Vernell MooreCourt of Appeals for the Eighth Circuit · 1988
  5. State v. HillNew Mexico Court of Appeals · 2001

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

3Cited by20 opinions

  1. State v. NICK R.New Mexico Supreme Court · 2009
  2. State v. NealNew Mexico Court of Appeals · 2007
  3. State v. SoteloNew Mexico Court of Appeals · 2012
  4. State v. PerryNew Mexico Court of Appeals · 2009
  5. State v. DavisNew Mexico Court of Appeals · 2009

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

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