State v. Budau
New Mexico Court of Appeals
1Opinion of the Court
OPINION
HERNANDEZ, Judge.
Defendant was tried and convicted of “escape from penitentiary”, § 40A-22-9, N.M.S.A.1953 (2d Repl.Vol. 6), when he left the confines of the prison honor farm at Los Lunas without permission. He appeals, asserting four points of error: (1) that the case should have been dismissed because he was not arraigned within 15 days after the indictment; (2) that the trial judge erroneously refused to honor an affidavit of disqualification; (3) that because he had already been punished administratively for his escape, this conviction constitutes double jeopardy; and (4) that §…
Also in this document: Concurrence.
2Cases cited8 opinions
- State Ex Rel. Shufeldt v. ArmijoNew Mexico Supreme Court · 1935
- State v. ParkerNew Mexico Court of Appeals · 1969
- State v. KlasnerNew Mexico Supreme Court · 1914
- State v. PetersNew Mexico Supreme Court · 1961
- State v. SublettNew Mexico Court of Appeals · 1968
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- New Mexico Department of Health v. ComptonNew Mexico Court of Appeals · 2000
- State v. WarnerNew Mexico Court of Appeals · 1974
- New Mexico Department of Health v. ComptonNew Mexico Supreme Court · 2001
- State v. CoburnNew Mexico Court of Appeals · 1995
- State v. JacquezNew Mexico Court of Appeals · 1994
7 more not listed; retrieve them via the Exa API.