Legal Opinion

State v. Lucero

New Mexico Court of Appeals

Decided February 19, 1971No. 480PublishedCited by 8 opinions

1Opinion of the Court

OPINION

HENDLEY, Judge.

Defendant appeals his conviction of rape. He raises three points for reversal, namely, (1) jurisdiction of the State to try the crime, (2) failure to give a tendered instruction, and (3) failure of the trial court to honor an affidavit of disqualification.

We affirm., JURISDICTION OF THE STATE TO TRY THE CRIME.

Defendant contends that the crime occurred on the Isleta Pueblo and since the State failed to prove that Indians were not involved the court was without jurisdiction to try the crime. Even assuming that defendant accurately states the rule that the State has the…

2Cases cited5 opinions

  1. State v. MooreNew Mexico Supreme Court · 1938
  2. Novak v. DowNew Mexico Court of Appeals · 1970
  3. Rozelle v. BarnardNew Mexico Supreme Court · 1963
  4. State v. BacaNew Mexico Court of Appeals · 1970
  5. State v. ReyesNew Mexico Court of Appeals · 1967

3Cited by8 opinions

  1. State v. CutnoseNew Mexico Court of Appeals · 1974
  2. Adair v. United StatesDistrict of Columbia Court of Appeals · 1978
  3. State v. UrbanNew Mexico Court of Appeals · 1974
  4. Matter of DoeNew Mexico Court of Appeals · 1976
  5. Emero Sanchez Tornero v. United StatesDistrict of Columbia Court of Appeals · 2017

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