Legal Opinion

State v. Richerson

New Mexico Court of Appeals

Decided March 12, 1975No. 1599PublishedCited by 41 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

Defendant was convicted of homicide by vehicle while driving in a reckless manner contrary to §§ 64-22-1 and 64-22-3, N.M.S.A. 1953 (2d Repl.Vol. 9, pt. 2). He appeals. We reverse.

A. The blood test admitted in evidence was reversible error.

Defendant was acquitted of homicide by vehicle while driving under the influence of intoxicating liquor. Nevertheless, evidence of intoxication bears upon the question of whether defendant was guilty of reckless driving and is a circumstance to be considered by the jury in deciding the issue. State v. Sisneros, 42 N. M. 500, 82 P.2d 274…

2Cases cited33 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. Wolf v. ColoradoSupreme Court of the United States · 1949
  4. United States v. DionisioSupreme Court of the United States · 1973
  5. Breithaupt v. AbramSupreme Court of the United States · 1957

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

3Cited by41 opinions

  1. State v. GutierrezNew Mexico Supreme Court · 1993
  2. State v. HeintzOregon Supreme Court · 1979
  3. Filmon v. StateSupreme Court of Florida · 1976
  4. United States v. Mary Mae Harvey, United States of America v. Wallace ChaseCourt of Appeals for the Ninth Circuit · 1983
  5. Marshall v. Columbia Lea Regional HospitalCourt of Appeals for the Tenth Circuit · 2007

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

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