Legal Opinion
State v. De Baca
New Mexico Court of Appeals
Decided September 30, 1975No. 2132PublishedCited by 16 opinions
1Opinion of the Court
OPINION
HENDLEY, Judge.
This is an interlocutory appeal following the denial of defendant’s motion to dismiss the indictment against him on double jeopardy grounds. We reverse.
Defendant was indicted for burglary, contrary to § 40A-16-3, N.M.S.A.1953 (2d Repl.Vol. 6, 1972). He was brought to trial on June 2, 1975. The trial lasted two days during which time both the state and the defendant presented evidence and rested their cases. Jury instructions had been settled. On the morning of the third day, one of the jurors, Mrs. Alice- Naranjo, brought to the attention of the court, in the presence of…
2Cases cited15 opinions
- United States v. JornSupreme Court of the United States · 1971
- United States v. PerezSupreme Court of the United States · 1824
- Wade v. HunterSupreme Court of the United States · 1949
- Illinois v. SomervilleSupreme Court of the United States · 1973
- Downum v. United StatesSupreme Court of the United States · 1963
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. CastrilloNew Mexico Supreme Court · 1977
- State v. AragonNew Mexico Court of Appeals · 1976
- State v. FosterNew Mexico Court of Appeals · 2003
- State v. NewmanNew Mexico Court of Appeals · 1989
- State v. SaavedraNew Mexico Supreme Court · 1988
11 more not listed; retrieve them via the Exa API.