Legal Opinion
State v. Mottola
New Mexico Court of Appeals
Decided November 22, 1972No. 939PublishedCited by 13 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
The defendant was convicted and sentenced for assault. Section 40A-3-1(A) (B), N.M.S.A.19S3 (2nd Repl.Vol. 6). Defendant waived trial by jury, and trial was had before the court. Defendant appeals.
We affirm.
Defendant claims the trial court erred because (1) the admission of testimony of events and declarations immediately after the assault were improper; (2) there is no substantial evidence to support the verdict; (3) the condition imposed for a suspended sentence was an abuse of discretion.(1) Admission of Testimony Under Res Gestae Rule.
As a result of the assault, the…
2Cases cited7 opinions
- State v. LordNew Mexico Supreme Court · 1938
- State v. GodwinNew Mexico Supreme Court · 1947
- State v. ApodacaNew Mexico Court of Appeals · 1969
- State v. HuntNew Mexico Court of Appeals · 1972
- State v. SanfordNew Mexico Supreme Court · 1939
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. FloresNew Mexico Supreme Court · 2010
- Commonwealth v. FuquaSuperior Court of Pennsylvania · 1979
- Commonwealth v. GallowaySupreme Court of Pennsylvania · 1982
- State v. LackNew Mexico Court of Appeals · 1982
- Commonwealth v. ErbSuperior Court of Pennsylvania · 1981
8 more not listed; retrieve them via the Exa API.