Legal Opinion
State v. Mascarenas
New Mexico Court of Appeals
Decided September 11, 1974No. 1400PublishedCited by 12 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Defendant assaulted the victim with a knife. He appeals his conviction of aggravated assault. Section 40A-3-2(A), N.M. S.A. 1953 (2d Repl. Vol. 6). The issues concern: (1) search and seizure, and (2) instructions on intent. We reverse because of the failure to instruct on intent.
Search and Seizure
The knife allegedly used in the assault was taken from a closed suitcase located in a motel room which defendant had rented. The search of the room was not with defendant’s consent, nor was it an incident to his arrest. There was no search warrant. Although the knife was not…
2Cases cited14 opinions
- United States v. MatlockSupreme Court of the United States · 1974
- Abel v. United StatesSupreme Court of the United States · 1960
- United States v. Leamon Lee CroftCourt of Appeals for the Tenth Circuit · 1970
- State v. AustinNew Mexico Court of Appeals · 1969
- State v. VigilNew Mexico Court of Appeals · 1974
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. ManusNew Mexico Supreme Court · 1979
- Santillanes v. StateNew Mexico Supreme Court · 1993
- State v. CutnoseNew Mexico Court of Appeals · 1974
- United States v. Valentin Carrasco-TerceroCourt of Appeals for the Fifth Circuit · 2014
- Sumdum v. StateAlaska Supreme Court · 1980
7 more not listed; retrieve them via the Exa API.