Legal Opinion

State v. Matamoros

New Mexico Court of Appeals

Decided March 9, 1976No. 2212PublishedCited by 12 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of shoplifting. The record is insufficient to show the trial court erred in excluding certain defense exhibits on the grounds of irrelevancy. See State v. Marquez, 87 N.M. 57, 529 P.2d 283 (Ct.App.1974). The issue discussed concerns two instructions given by the trial court.

The instructions follow the language used in § 40A-16-21, N.M.S.A. 1953 (2d Repl. Vol. 6). They read:

“No. 3. You are instructed that any person who willfully conceals merchandise on his person shall be prima facie presumed to have concealed the merchandise with the…

2Cases cited5 opinions

  1. Barnes v. United StatesSupreme Court of the United States · 1973
  2. Goodman v. Brock Ex Rel. Estate of BrockNew Mexico Supreme Court · 1972
  3. State v. MarquezNew Mexico Court of Appeals · 1974
  4. State v. JonesNew Mexico Court of Appeals · 1975
  5. State v. JonesNew Mexico Court of Appeals · 1975

3Cited by12 opinions

  1. State v. HaddenhamNew Mexico Court of Appeals · 1990
  2. State v. GonzalesNew Mexico Court of Appeals · 1991
  3. State v. KendallNew Mexico Court of Appeals · 1977
  4. State v. BarraganNew Mexico Court of Appeals · 2001
  5. Estate of Fletcher v. JacksonNew Mexico Court of Appeals · 1980

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