Legal Opinion
State v. Apodaca
New Mexico Court of Appeals
Decided April 11, 1969No. 268PublishedCited by 10 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
Defendant was convicted of sexual assault upon a four year old female child. Section 40A-9-9, N.M.S.A.1953 (Repl.Vol. 6). The issues are: (1) whether defendant was entitled to a free transcript of a preliminary hearing, (2) whether testimony as to the child’s statements was admissible under the res gestae rule and, (3) fundamental error.
Whether defendant was entitled to a free transcript of the preliminary hearing.
Paragraph “First” of § 41-3-8, N.M.S.A. 1953 (Repl.Vol. 6) provides for a transcript of the testimony of witnesses at a preliminary hearing. Such a transcript may…
2Cases cited6 opinions
- Griffin v. IllinoisSupreme Court of the United States · 1956
- Roberts v. LaValleeSupreme Court of the United States · 1967
- People v. MontgomeryNew York Court of Appeals · 1966
- State v. TapiaNew Mexico Court of Appeals · 1968
- State v. AnayaNew Mexico Supreme Court · 1966
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. SchoonmakerNew Mexico Supreme Court · 2008
- State v. TaylorNew Mexico Court of Appeals · 1985
- Clinard v. Southern Pacific CompanyNew Mexico Supreme Court · 1970
- State v. MartinezNew Mexico Court of Appeals · 1971
- State v. MottolaNew Mexico Court of Appeals · 1972
5 more not listed; retrieve them via the Exa API.