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Legal Opinion

State v. Garcia

New Mexico Supreme Court

Decided June 19, 1967No. 8252PublishedCited by 6 opinions

1Opinion of the Court

OPINION

WOOD, Judge, Court of Appeals.

Defendant was convicted and sentenced for rape. His appeal raises issues concerning: (1) the rape for which he was convicted, (2) his competency to stand trial, (3) venue and (4) admission of testimony concerning defendant’s previous record.

We have two statutes on rape. The applicable portion of § 40A-9-2, N.M.S.A. 1953, states:

“Rape consists of a male causing a female other than his wife to engage in sexual intercourse with him without her consent, and when committed under any of the following circumstances:
“A. When the female’s resistance is forcibly…

2Cases cited12 opinions

  1. Pate v. RobinsonSupreme Court of the United States · 1966
  2. State v. SisnerosNew Mexico Supreme Court · 1938
  3. State v. BarefootSupreme Court of North Carolina · 1955
  4. State v. OrtegaNew Mexico Supreme Court · 1966
  5. State v. UptonNew Mexico Supreme Court · 1955

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

3Cited by6 opinions

  1. State v. TorresNew Mexico Court of Appeals · 1970
  2. Jaramillo v. Fisher Controls Co., Inc.New Mexico Court of Appeals · 1985
  3. State v. AndradaNew Mexico Court of Appeals · 1971
  4. State v. AnayaNew Mexico Court of Appeals · 1968
  5. Hoffman v. StateNew Mexico Court of Appeals · 1968

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

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