State v. Brionez

OPINION

WOOD, Chief Judge.

Defendant was convicted of criminal sexual penetration in the second degree by the use of force or coercion which results in personal injury to the victim. Section 40A-9—21(B)(2), N.M.S.A.1953 (2d Repl. Vol. 6, Supp.1975). His appeal challenges the sufficiency of the evidence as to “force or coercion” and as to “personal injury”. The evidence as to these items is substantial and sufficient to sustain the conviction. The question discussed is the trial court’s exclusion of testimony concerning the results of a polygraph test. This has two aspects: (1) the standard of…