Legal Opinion

State v. Beal

New Mexico Court of Appeals

Decided June 19, 1974No. 1367PublishedCited by 8 opinions

1Opinion of the Court

OPINION

HENDLEY, Judge.

Convicted of armed robbery contrary to § 40A-16-2, N.M.S.A.1953 (Repl.Vol.1972) defendant appeals. He asserts two grounds for reversal. They relate to “mug shots” and a refused requested instruction. We affirm.

Mug Shots

Defendant asserts the trial court erred in denying his motion to suppress and admitting certain “mug shots,” from which the defendant was identified, into evidence. The claim is that the photographic' identification procedure was impermissibly suggestive and this procedure tainted the in-court identification.

The victim was robbed by two young black males.…

2Cases cited3 opinions

  1. Simmons v. United StatesSupreme Court of the United States · 1968
  2. State v. RushingNew Mexico Supreme Court · 1973
  3. State v. JonesNew Mexico Court of Appeals · 1972

3Cited by8 opinions

  1. State v. VenegasNew Mexico Supreme Court · 1981
  2. State v. PadillaNew Mexico Court of Appeals · 1977
  3. State v. BlakleyNew Mexico Court of Appeals · 1977
  4. State v. RoqueNew Mexico Court of Appeals · 1977
  5. State v. DuncanNew Mexico Court of Appeals · 1990

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