Legal Opinion
State v. Hovey
New Mexico Court of Appeals
Decided June 6, 1969No. 299PublishedCited by 22 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
The appeal in these burglary convictions presents questions concerning: (1) circumstantial evidence, (2) competency to stand trial and (3) cross-examination.
Circumstantial evidence.
State v. Easterwood, 68 N.M. 464, 362 P.2d 997 (1961) states:
"Where circumstantial evidence alone is relied upon for a conviction such evidence must be incompatible with the innocence of the accused upon any rational theory and incapable of explanation upon any reasonable hypothesis of the defendant’s innocence. * * *
“It is not enough that the testimony raise a strong suspicion of guilt. It must…
2Cases cited26 opinions
- Grunewald v. United StatesSupreme Court of the United States · 1957
- United States v. BehrensSupreme Court of the United States · 1963
- United States v. Charles Tomaiolo and Louis SovieroCourt of Appeals for the Second Circuit · 1957
- State v. OrtegaNew Mexico Supreme Court · 1966
- United States v. Harold Gross, Also Known as Harry GrossCourt of Appeals for the Second Circuit · 1960
21 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. McFerranNew Mexico Court of Appeals · 1969
- State v. HerreraNew Mexico Court of Appeals · 1978
- State v. HerreraNew Mexico Court of Appeals · 2001
- State v. LaraNew Mexico Court of Appeals · 1975
- State v. CarltonNew Mexico Court of Appeals · 1971
17 more not listed; retrieve them via the Exa API.