Legal Opinion

State v. Watkins

New Mexico Court of Appeals

Decided January 9, 1979No. 3628PublishedCited by 12 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Convicted of perjury, defendant appeals. We discuss: (1) validity of the grand jury indictment; (2) use of taped conversations; (3) prosecutor as a witness; and (4) proof of a material false statement.

Validity of the Grand Jury Indictment

Section 31-6-3, N.M.S.A.1978, permits an indicted person to “challenge the validity of the grand jury” by motion.

Grounds that may be presented by such motion are limited to the following:

* * * * % *

B. a member of the grand jury returning the indictment was ineligible to serve as a juror; or

C. a member of the grand jury returning the…

2Cases cited17 opinions

  1. State v. HarrisonNew Mexico Supreme Court · 1977
  2. State v. HogervorstNew Mexico Court of Appeals · 1977
  3. United States v. Anita AbramsCourt of Appeals for the Fifth Circuit · 1978
  4. People v. RalloNew York Court of Appeals · 1976
  5. Tindall v. StateSupreme Court of Florida · 1930

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

3Cited by12 opinions

  1. Commonwealth v. BoransMassachusetts Supreme Judicial Court · 1979
  2. Hill v. StateNevada Supreme Court · 2008
  3. Franzi v. Superior Court of ArizonaArizona Supreme Court · 1984
  4. Franzi v. Superior CourtArizona Supreme Court · 1984
  5. Matter of Grand Jury Sandoval CountyNew Mexico Court of Appeals · 1988

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

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