Legal Opinion
State v. Montoya
New Mexico Supreme Court
Decided June 30, 1967No. 8247PublishedCited by 6 opinions
1Opinion of the Court
OPINION
MOISE, Justice.
Defendant was charged with the crimes of rape (§ 40A-9-2, N.M.S.A.1953) and sodomy (§ 40A-9-6, N.M.S.A.1953). He was tried on these charges on May 27, 1966. He was acquitted on the charge of rape but convicted on the charge of sodomy, and appeals from the conviction.
Defendant first contends that the trial court erred in admitting testimony of an oral confession given without counsel, relying on Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964). The circumstances surrounding the confession follow. After the prosecutrix complained to the…
2Cases cited8 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Escobedo v. IllinoisSupreme Court of the United States · 1964
- Johnson v. New JerseySupreme Court of the United States · 1966
- State v. CarabajalNew Mexico Supreme Court · 1920
- State v. NevaresNew Mexico Supreme Court · 1932
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. LopezNew Mexico Supreme Court · 1968
- State v. SmithNew Mexico Court of Appeals · 1969
- State v. GarciaNew Mexico Court of Appeals · 1972
- State v. BeachumNew Mexico Supreme Court · 1967
- State v. HallNew Mexico Supreme Court · 1967
1 more not listed; retrieve them via the Exa API.