State v. Apodaca

OPINION

WOOD, Judge.

Defendant was convicted of aggravated assault. Section 40A-3-2, N.M.S.A.1953 (Rep.Vol. 6). Appealing, defendant asserts the trial court improperly refused to allow defense counsel to cross-examine the complaining witness about his prior drinking. Defendant contends the trial court abused its discretion by limiting the cross-examination and deprived defendant of a meaningful confrontation and a fair trial.

The witness testified on both direct and cross-examination that on the day of the assault he had been drinking wine and beer since shortly after noon. The assault occurred…