Legal Opinion
State v. Mabrey
New Mexico Court of Appeals
Decided August 6, 1975No. 1823PublishedCited by 11 opinions
1Opinion of the Court
OPINION
WOOD, Chief Judge.
The question is whether defendant’s conviction for intentional distribution of marijuana is barred on the basis of double jeopardy. He was convicted of violating § 54-11-22(A), N.M.S.A.1953 (Repl.Vol. 8, pt. 2, Supp.1973). He claims the conviction is barred by the double jeopardy provision of N.M.Const., Art. II, § 15 because he had been previously tried on a charge of violating § 54-11-20(A), N.M.S.A.1953 (Repl.Vol. 8, pt. 2, Supp.1973).
It is not disputed that two prosecutions have occurred; it is not disputed that both prosecutions were based on the same sale of…
2Cases cited19 opinions
- Benton v. MarylandSupreme Court of the United States · 1969
- United States v. BallSupreme Court of the United States · 1896
- Illinois v. SomervilleSupreme Court of the United States · 1973
- United States v. EwellSupreme Court of the United States · 1966
- Kepner v. United StatesSupreme Court of the United States · 1904
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. JohnsonNew Mexico Court of Appeals · 1985
- State v. JacobsNew Mexico Court of Appeals · 1985
- State v. PriceNew Mexico Court of Appeals · 1986
- State v. CrewsNew Mexico Court of Appeals · 1989
- State v. RodriguezNew Mexico Supreme Court · 2005
6 more not listed; retrieve them via the Exa API.