Legal Opinion

State v. Benavidez

New Mexico Court of Appeals

Decided January 22, 1975No. 1560PublishedCited by 19 opinions

1Opinion of the Court

OPINION

LOPEZ, Judge

The defendants were convicted of burglary and larceny contrary to §§ 40A-16-3(A) and 40A-16-1, N.M.S.A.1953 (2d Repl.Vol. 6). Judgment and sentences were passed and defendants appeal; we reverse as to all defendants for the reasons that follow.

The record discloses that items valued between $100 and $2,500 were stolen from the victim’s home on August 9, 1973. The evidence shows that two or three young men left the scene in a black and white automobile, that a witness followed the vehicle and found it, or a like automobile, several miles from the scene of the theft. The three…

Also in this document: Concurrence.

2Cases cited14 opinions

  1. State v. VallejosNew Mexico Court of Appeals · 1974
  2. State v. GutierrezNew Mexico Court of Appeals · 1967
  3. State v. TurnbowNew Mexico Supreme Court · 1960
  4. State v. GonzalesNew Mexico Court of Appeals · 1971
  5. State v. BacaNew Mexico Court of Appeals · 1973

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

3Cited by19 opinions

  1. State v. RondeauNew Mexico Supreme Court · 1976
  2. Doe v. StateNew Mexico Court of Appeals · 1975
  3. State v. DominguezNew Mexico Court of Appeals · 1993
  4. State Ex Rel. Burton v. WhyteWest Virginia Supreme Court · 1979
  5. State v. PachecoNew Mexico Court of Appeals · 1990

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

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