Legal Opinion
State v. Lopez
New Mexico Court of Appeals
Decided February 25, 1980No. 4138PublishedCited by 5 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
Defendant was convicted of larceny in violation of § 30-16-1, N.M.S.A. 1978 and appeals. We affirm.
The sole issue on this appeal is whether U.J.I. Crim. 16.00 is erroneous. We believe that it is but we have no authority to declare it so.
Defendant claims that taking another’s property “without consent” of the person is an essential element of larceny and lack of consent was omitted from the instruction.
On three previous occasions, the Court held that it had no authority to review instructions approved by the Supreme Court. State v. Montano, 93 N.M. 436, 601 P.2d 69 (Ct.App.…
2Cases cited21 opinions
- Alexander v. Delgado Ex Rel. DelgadoNew Mexico Supreme Court · 1973
- Pharmaseal Laboratories, Inc. v. GoffeNew Mexico Supreme Court · 1977
- State v. ParisNew Mexico Supreme Court · 1966
- State v. ScottNew Mexico Court of Appeals · 1977
- Peralta v. MartinezNew Mexico Court of Appeals · 1977
16 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- The People v. WilliamsCalifornia Supreme Court · 2013
- State v. BryantNew Mexico Court of Appeals · 1982
- State v. ClarkNew Mexico Court of Appeals · 2000
- The People v. WilliamsCalifornia Supreme Court · 2013
- Lujan v. City of Santa FeDistrict Court, D. New Mexico · 2015