Legal Opinion
State v. Hollowell
New Mexico Court of Appeals
Decided October 31, 1969No. 342PublishedCited by 12 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
Convicted of violating § 40A-22-16, N.M.S.A.1953 (Repl.Vol. 6), defendant appeals. The offense is “assault by prisoner.” The issues concern: (1) lack of mental competency to stand trial; (2) a motion for continuance; and, (3) the instruction stating the material allegations of the offense.
Competency to stand trial.
Defendant asserted his incompetency to stand trial on four separate occasions. The issue concerning his competency is presented as both a constitutional and statutory matter.
Defendant was charged by criminal complaint. “Upon appearing for preliminary hearing * * *…
2Cases cited9 opinions
- State v. ComptonNew Mexico Supreme Court · 1953
- State v. JamesNew Mexico Supreme Court · 1966
- State v. SelgadoNew Mexico Supreme Court · 1967
- Mascarenas v. StateNew Mexico Supreme Court · 1969
- State v. HoveyNew Mexico Court of Appeals · 1969
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. AtwoodNew Mexico Court of Appeals · 1971
- State v. ArmijoNew Mexico Court of Appeals · 1999
- State v. ArchuletaNew Mexico Court of Appeals · 1970
- State v. NajarNew Mexico Court of Appeals · 1986
- State v. HollowellNew Mexico Court of Appeals · 1969
7 more not listed; retrieve them via the Exa API.