Legal Opinion
State v. Jones
New Mexico Court of Appeals
Decided October 31, 1969No. 364PublishedCited by 15 opinions
1Opinion of the Court
OPINION
HENDLEY, Judge.
Defendants appeal their conviction of armed robbery. Section 40A-16-2, N.M.S.A.1953 (Repl. Vol. 6).
Defendants raise three separate points for reversal. Their third point that “The trial court erred in denying a mistrial following the prosecutor’s comment on Defendants’ failure to testify” is dispositive of this appeal and we reverse for the reasons hereinafter stated.
In his closing argument to the jury the district attorney stated: “ * * * there is no testimony at all, from either one of these sterling Defendants or anybody else * * * ” Immediately defense counsel…
2Cases cited6 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- State v. RowellNew Mexico Supreme Court · 1966
- State v. MillerNew Mexico Supreme Court · 1966
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. TollardoNew Mexico Supreme Court · 2012
- State v. ClarkNew Mexico Supreme Court · 1989
- State v. LopezNew Mexico Court of Appeals · 1987
- Manlove v. SullivanNew Mexico Supreme Court · 1989
- State v. AguirreNew Mexico Supreme Court · 1972
10 more not listed; retrieve them via the Exa API.