Legal Opinion
State v. Montano
New Mexico Court of Appeals
Decided December 16, 1998No. 18563PublishedCited by 17 opinions
1Opinion of the Court
OPINION
WECHSLER, Judge.
{1} Defendant Clarence Montano appeals his conviction of aggravated battery against a household member with a deadly weapon contrary to NMSA 1978, § 30-3-16 (1995) arguing that: (1) as a matter of law, a brick wall cannot be a deadly weapon; and (2) the district court did not properly instruct the jury on the elements of the crime. We hold that, as a matter of law, a brick wall can be a deadly weapon because it is a factual question for the jury to decide. We agree that the jury instruction was in error and reverse Defendant’s conviction.
Facts
{2} Defendant and his…
2Cases cited15 opinions
- People v. CarterNew York Court of Appeals · 1981
- State v. ParishNew Mexico Supreme Court · 1994
- State v. SosaNew Mexico Supreme Court · 1997
- State v. FoulenfontNew Mexico Court of Appeals · 1995
- State v. LegendreSupreme Court of Louisiana · 1978
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. CaldwellNew Mexico Court of Appeals · 2008
- State v. ElliottNew Mexico Court of Appeals · 2001
- State v. NeatherlinNew Mexico Court of Appeals · 2007
- People v. RussellCalifornia Court of Appeal · 2005
- State v. TrossmanNew Mexico Supreme Court · 2009
12 more not listed; retrieve them via the Exa API.