Legal Opinion
State v. Burk
New Mexico Court of Appeals
Decided February 19, 1971No. 563PublishedCited by 41 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
Defendant appeals his conviction of two armed robberies. Section 40A-16-2, N.M. S.A. 1953 (Repl.Vol. 6). The issues concern: (1) absence of a preliminary hearing; .(2) asserted lack of a valid waiver in connection with his incriminating statement; (3) asserted inadequacy of the trial court’s- determination as to admissibility of the statement; and (4) a “shotgun” instruction. '
Absence of preliminary hearing.
Under N.M. Const. Art. II, § 14, a defendant may be proceeded against either by a grand jury indictment or by a criminal information. State v. Mosley, 75 N.M. 348, 404…
2Cases cited12 opinions
- Jackson v. DennoSupreme Court of the United States · 1964
- Willie Salt Coyote v. United StatesCourt of Appeals for the Tenth Circuit · 1967
- State v. MooreNew Mexico Supreme Court · 1938
- State v. MinnsNew Mexico Court of Appeals · 1969
- State v. MosleyNew Mexico Supreme Court · 1965
7 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- State v. RamirezNew Mexico Court of Appeals · 1976
- State v. MarquezNew Mexico Court of Appeals · 1974
- State v. GallegosNew Mexico Court of Appeals · 1978
- State v. GruenderNew Mexico Court of Appeals · 1971
- State v. TindleNew Mexico Court of Appeals · 1986
36 more not listed; retrieve them via the Exa API.