Legal Opinion

State v. Vigil

New Mexico Court of Appeals

Decided June 20, 1973No. 2:11-mj-00025PublishedCited by 38 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Defendant pled guilty to statutory rape. Section 40A-9-3, N.M.S.A.1953 (2d Repl. Vol. 6). His appeal asserts: (1) the criminal information did not charge a crime; (2) the trial court did not have jurisdiction; (3) the charge should have been dismissed under § 21-1-1(95), N.M.S.A.1953 (Repl.Vol. 4, Supp.1971); and (4) his guilty plea was involuntary.

Sufficiency of the criminal information.

In defining statutory rape § 40A-9-3, supra, refers to sexual intercourse by a male with a female. It also provides the rape is a higher felony degree (from fourth to third degree) if…

Also in this document: Concurrence.

2Cases cited19 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. State Ex Rel. Delgado v. StanleyNew Mexico Supreme Court · 1972
  3. Neller v. StateNew Mexico Supreme Court · 1968
  4. State v. VaughnNew Mexico Supreme Court · 1964
  5. State v. TurnerNew Mexico Court of Appeals · 1970

14 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. State v. GarciaNew Mexico Supreme Court · 1996
  2. State v. MadrigalNew Mexico Court of Appeals · 1973
  3. State v. CutnoseNew Mexico Court of Appeals · 1974
  4. State v. KingNew Mexico Court of Appeals · 1977
  5. State v. MartinezNew Mexico Court of Appeals · 1976

33 more not listed; retrieve them via the Exa API.

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