Legal Opinion

State v. Gilman

New Mexico Court of Appeals

Decided October 27, 1981No. 5129PublishedCited by 10 opinions

1Opinion of the Court

OPINION

WALTERS, Judge.

Defendant was charged with and convicted of escape from jail, and he appeals. He argues that his escape from the location where he was performing labor on public works pursuant to § 33-3-19, N.M.S.A.1978, was not escape from jail under § 30-22-8, N.M.S.A.1978. We affirm.

Section 30-22-8, supra, provides:

Escape from jail consists of any person who shall have been lawfully committed to any jail, escaping or attempting to escape from such jail.

Whoever commits escape from jail is guilty of a fourth degree felony.

Defendant requests a “strict” reading of the statute because §…

2Cases cited5 opinions

  1. State v. ClarkNew Mexico Supreme Court · 1969
  2. Johnson v. Warden of Maryland PenitentiaryCourt of Appeals of Maryland · 2001
  3. Ex parte DeVoreNew Mexico Supreme Court · 1913
  4. State v. GarciaNew Mexico Court of Appeals · 1968
  5. State v. MorrisCourt of Appeals of Arizona · 1968

3Cited by10 opinions

  1. State v. GarciaNew Mexico Court of Appeals · 1982
  2. State v. HillNew Mexico Court of Appeals · 1994
  3. State v. TrujilloNew Mexico Court of Appeals · 1987
  4. State v. HillNew Mexico Court of Appeals · 1994
  5. State v. ColemanNew Mexico Court of Appeals · 1984

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