Legal Opinion
State v. Mares
New Mexico Court of Appeals
Decided April 5, 1979No. 3758PublishedCited by 27 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Defendant, identified as a sheriff’s department peace officer, was charged with the unlawful touching or application of force with intent to injure, by use of a firearm. This was a charge of aggravated battery, with firearm enhancement. Sections 30-3-5 and 31-18-4, N.M.S.A.1978. At a pretrial hearing, the trial court granted defendant’s motion to dismiss. The State appealed. We reverse, discussing: (1) propriety of the pretrial ruling, and (2) double jeopardy.
Propriety of the Pretrial Ruling
Defendant’s motion was entitled: “MOTION TO DISMISS INDICTMENT FOR FAILURE TO…
2Cases cited18 opinions
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- Serfass v. United StatesSupreme Court of the United States · 1975
- United States v. KnoxSupreme Court of the United States · 1969
- United States v. CovingtonSupreme Court of the United States · 1969
- United States v. SanfordSupreme Court of the United States · 1976
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. FoulenfontNew Mexico Court of Appeals · 1995
- County of Los Alamos v. TapiaNew Mexico Supreme Court · 1990
- State v. HugheyNew Mexico Supreme Court · 2007
- State v. WassonNew Mexico Court of Appeals · 1998
- State v. MaresNew Mexico Court of Appeals · 1991
22 more not listed; retrieve them via the Exa API.