Legal Opinion
State v. Mann
New Mexico Court of Appeals
Decided April 23, 1975No. 1678PublishedCited by 14 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
Defendant was convicted of receiving stolen property of over $100 but under $2,500. Section 40A-16-11, N.M.S.A.1953 (2d Repl.Vol. 6). Defendant appeals. We reverse.
In brief, our decision to reverse rests on the following analysis of the issues.(1) Admission into evidence of the preliminary hearing testimony of the absent material witness was error.(2) That testimony was cumulative of the testimony of other witnesses, which fact might render the error harmless.(3) However, admission into evidence of the preliminary hearing testimony denied to the defendant her right of…
2Cases cited12 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Pointer v. TexasSupreme Court of the United States · 1965
- Caldwell v. ThorntonSupreme Court of the United States · 1972
- Buckles v. StateWyoming Supreme Court · 1972
- State v. JacksonNew Mexico Supreme Court · 1924
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Commonwealth v. BohannonMassachusetts Supreme Judicial Court · 1982
- State v. SmithNew Mexico Supreme Court · 1979
- State v. MartinezNew Mexico Court of Appeals · 1982
- Flowers v. StateCourt of Criminal Appeals of Alabama · 2000
- State v. BrownNew Mexico Court of Appeals · 1977
9 more not listed; retrieve them via the Exa API.