Legal Opinion

State v. Kijowski

New Mexico Court of Appeals

Decided August 29, 1973No. 1126PublishedCited by 9 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of burglary. Section 40A-16-3, N.M.S.A.1953 (2d Repl.Vol. 6). There are two issues: (1)permitting a witness to testify after the witness violated the court’s order not to discuss the case and (2) instructing the jury concerning a confession.

Permitting witness to testify after the witness violated court’s order not to discuss the case.

The rule for exclusion of witnesses from the courtroom was invoked. In so advising the witnesses, the trial court stated: "* * * While you are outside the Courtroom, don’t talk to anyone about the case…

2Cases cited13 opinions

  1. State v. RomeroNew Mexico Supreme Court · 1961
  2. Bulliner v. PeopleIllinois Supreme Court · 1880
  3. State v. LuceroNew Mexico Supreme Court · 1962
  4. State v. VictorianNew Mexico Supreme Court · 1973
  5. State v. VictorianNew Mexico Supreme Court · 1973

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

3Cited by9 opinions

  1. State v. SimonsonNew Mexico Supreme Court · 1983
  2. State v. AlderetteNew Mexico Court of Appeals · 1974
  3. State v. PadillaNew Mexico Court of Appeals · 1974
  4. State v. LopezNew Mexico Court of Appeals · 1981
  5. State Ex Rel. State Highway Department v. First National BankNew Mexico Supreme Court · 1977

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

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