Legal Opinion

State v. Fransua

New Mexico Court of Appeals

Decided May 4, 1973No. 1035PublishedCited by 29 opinions

1Opinion of the Court

OPINION

HERNANDEZ, Judge.

Defendant was convicted by a jury on one count of aggravated battery (§ 40A-3-5, N.M.S.A.1953 (2d Repl. Vol. 6)) and sentenced to a prison term of not less than two and not more than ten years. He urges reversal of his conviction on two grounds: (1) that the victim of the battery consented to the act and that such consent frees defendant of criminal liability; and (2) that the trial court committed error by restricting voir dire of a prospective juror on the question of prejudice as to the use of alcohol and denying a challenge to that juror for cause.

We affirm.

On…

2Cases cited8 opinions

  1. Banovitch v. CommonwealthSupreme Court of Virginia · 1954
  2. State v. PaceNew Mexico Supreme Court · 1969
  3. State v. McFallNew Mexico Supreme Court · 1960
  4. Martin v. CommonwealthSupreme Court of Virginia · 1946
  5. State v. BurrusNew Mexico Supreme Court · 1934

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

3Cited by29 opinions

  1. Jaske v. StateIndiana Supreme Court · 1989
  2. State v. IsiahNew Mexico Supreme Court · 1989
  3. State v. MacKrillMontana Supreme Court · 2008
  4. Baxter v. StateMontana Supreme Court · 2009
  5. State v. BrownNew Mexico Court of Appeals · 1977

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

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