Legal Opinion

State v. Foster

New Mexico Court of Appeals

Decided April 23, 1971No. 637PublishedCited by 13 opinions

1Opinion of the Court

OPINION

WOOD, Judge.

Convicted of robbery and aggravated battery, defendant appeals. Sections 40A-16-2, N.M.S.A.1953 (Repl.Vol. 6) and 40A-3-5, N.M.S.A.1953 (Repl.Vol. 6, Supp. 1969). The issues concern: (1) change of venue; (2) various evidentiary matters; and (3) a trial amendment to the aggravated battery charge.

Change of venue.

Defendant moved for a change of venue claiming that because of public excitement or local prejudice an impartial jury could not be obtained in Bernalillo County. The basis for the motion was “extensive publicity resulting from the case” and “extensive publicity…

2Cases cited13 opinions

  1. State v. TorresNew Mexico Court of Appeals · 1970
  2. State v. MaesNew Mexico Court of Appeals · 1970
  3. Millers' National Insurance Company, Chicago, Illinois, and Cross-Appellees v. The Wichita Flour Mills Company, and Cross-Appellant. The Wichita Flour Mills Company, and Cross-Appellant v. Millers' National Insurance Company, Chicago, Illinois, and Cross-AppelleesCourt of Appeals for the Tenth Circuit · 1958
  4. State v. LindseyNew Mexico Court of Appeals · 1969
  5. Deats v. StateNew Mexico Supreme Court · 1969

8 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State v. ThurmanNew Mexico Court of Appeals · 1972
  2. State v. CervantesNew Mexico Court of Appeals · 1979
  3. State v. AtwoodNew Mexico Court of Appeals · 1971
  4. ADT Security Services, Inc. v. Premier Home Protection, Inc.Colorado Court of Appeals · 2007
  5. State v. TixierNew Mexico Court of Appeals · 1976

8 more not listed; retrieve them via the Exa API.

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