State v. Maestas

OPINION

SUTIN, Judge.

Defendant was convicted of Aggravated Battery in violation of § 40A-3-5, N.M.S.A. (2d Repl.Vol. 6), and Abuse of Child in violation of § 40A-6-1(C) (1975 Supp.). Defendant appeals. We affirm as to Aggravated Battery and reverse as to Abuse of Child.

During the week of November 28 to December 3, 1976, a 25 year old mother and her three year old son, the victims in this case, lived with defendant in his home in Alcalde, New Mexico. Over the course of several days during that week the mother [victim] was severely beaten by someone.

The subject of the controversy is the…