Legal Opinion

State v. Wise

New Mexico Court of Appeals

Decided July 5, 1977No. 2950PublishedCited by 17 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction for receiving stolen property. The property was recovered in Hobbs, Lea County, New Mexico. Trial was in Bernalillo County. Issues discussed are: (1) execution and return of the search warrant, (2) proof of venue, and (3) refused instructions on (a) venue, (b) verbal admissions, and (c) defendant as a witness.

Execution and Return of the Search Warrant

The affidavit for the search warrant was executed by two Albuquerque police officers. They presented the affidavit to a magistrate in Lea County. The magistrate issued a warrant “to any…

2Cases cited14 opinions

  1. State v. LopezNew Mexico Supreme Court · 1973
  2. State v. SmithNew Mexico Court of Appeals · 1975
  3. State v. BacaNew Mexico Court of Appeals · 1974
  4. State v. WessonNew Mexico Court of Appeals · 1972
  5. People v. DailyCalifornia Court of Appeal · 1958

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

3Cited by17 opinions

  1. State v. SmithNew Mexico Supreme Court · 1979
  2. State v. CosgroveSupreme Court of Connecticut · 1980
  3. State v. HammondSupreme Court of South Carolina · 1978
  4. State v. MohrCourt of Appeals of Arizona · 1986
  5. State v. BarelaNew Mexico Court of Appeals · 1978

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

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