Legal Opinion

State v. Pedroncelli

New Mexico Court of Appeals

Decided December 1, 1981No. 5331PublishedCited by 15 opinions

1Opinion of the Court

OPINION

WOOD, Judge.

The information charged defendant with embezzlement in excess of $2,500.00. Section 30-16-8, N.M.S.A.1978. The testimony of two witnesses at the preliminary examination was not recorded because of equipment failure. Prior to trial, defendant moved for dismissal of the information; the motion was granted. The State appealed; we reverse.

The stipulated facts, adopted by the trial court, are:

1. The Defendant requested that a record be made pursuant to Rule 20, New Mexico Rules of Criminal Procedure, at the Preliminary Hearing held on April 22 and April 23, 1981.

2. The testimony…

2Cases cited8 opinions

  1. United States v. MorrisonSupreme Court of the United States · 1981
  2. State v. ChouinardNew Mexico Supreme Court · 1981
  3. State v. HerreraNew Mexico Court of Appeals · 1978
  4. State v. BurkNew Mexico Court of Appeals · 1971
  5. Watson Land Company v. LuceroNew Mexico Supreme Court · 1974

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

3Cited by15 opinions

  1. State v. MartinezNew Mexico Court of Appeals · 1982
  2. State v. JonesNew Mexico Court of Appeals · 1998
  3. In Re Jade G.New Mexico Court of Appeals · 2001
  4. State v. DeutschNew Mexico Court of Appeals · 1985
  5. State v. FishNew Mexico Supreme Court · 1984

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

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