Legal Opinion
State v. Montoya
New Mexico Court of Appeals
Decided June 5, 1974No. 1340PublishedCited by 3 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
Defendant was convicted of burglary. Section 40A-16-3, N.M.S.A. 1953 (2d Repl.Vol. 6). He appeals. We affirm.
Defendant contends the court abused its discretion when it directed part of a witness’ testimony to be read to the jury after the jury had retired and commenced its deliberations.
Rule 43(a) of the Rules of Criminal Procedure [§ 41-23-43(a), N.M.S.A. 1953 (2d Repl.Vol. 6, 1973 Supp.)] reads in part as follows:
After the jurors have retired to consider their verdict, if they desire * * * to have any testimony read to them, they may in the discretion of the court be…
2Cases cited6 opinions
- State v. WolfSupreme Court of New Jersey · 1965
- Price v. StateAlaska Supreme Court · 1968
- Settle v. PeopleSupreme Court of Colorado · 1972
- State v. WilkersonSupreme Court of New Jersey · 1972
- State v. RossNew Mexico Court of Appeals · 1973
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Feldon Jackson, Jr. v. John ShanksCourt of Appeals for the Tenth Circuit · 1998
- State v. FriedNew Mexico Court of Appeals · 1978
- Jackson v. ShanksCourt of Appeals for the Tenth Circuit · 1998