State v. Rael

OPINION

WOOD, Judge.

Defendant appeals his conviction of sodomy and aggravated assault. Sections 40A-9-6 and 40A-3-2, N.M.S.A.1953 (Repl. Vol. 6). There are two issues: (1) the refusal to suppress defendant’s statement and (2) a refused instruction.

Refusal to suppress statement.

Defendant made a statement to the police that, in effect, was a confession. He moved to suppress the statement prior to trial. The trial court held an evidentiary hearing, ruled that the statement would not be suppressed and that upon a proper foundation being laid, would be submitted to the jury at trial.

Defendant…