Legal Opinion
State v. Rogers
New Mexico Court of Appeals
Decided April 7, 1972No. 818PublishedCited by 16 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
Rogers was charged, convicted and sentenced for burglary contrary to § 40A-16-3, N.M.S.A.1953 (Repl.Vol. 6, Supp.1971). Rogers appeals.
We, reverse.
■ Section 40A-16-3, supra, reads in part as follows: •
Burglary consists of the unauthorized entry of any * * * structure, * * * with the intent to commit any felony or theft therein.
On April 8, 1971, at 8:30 p. m., Rogers drove into Jim’s Conoco Station in Hobbs, New Mexico, walked into the office and asked for a crescent wrench t.o use to take off a battery. The attendant told him that tools were not lent unless a dollar was…
2Cases cited2 opinions
- People v. CarstensenSupreme Court of Colorado · 1966
- State v. RayosNew Mexico Supreme Court · 1967
3Cited by16 opinions
- State v. LozierSupreme Court of Louisiana · 1979
- United States v. Eddie David LujanCourt of Appeals for the Tenth Circuit · 1993
- State v. RuizNew Mexico Court of Appeals · 1980
- State v. ThibeaultSupreme Judicial Court of Maine · 1979
- State v. AguirreNew Mexico Court of Appeals · 1978
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