Legal Opinion
State v. Montoya
New Mexico Court of Appeals
Decided February 20, 1974No. 1158PublishedCited by 7 opinions
1Opinion of the Court
OPINION
SUTIN, Judge.
Defendant was convicted and sentenced for receiving stolen property in violation of § 40A-16-11, N.M.S.A.1953 (2d Repl. Vol. 6). He appeals. We reverse.
Defendant attacks the validity of the search warrant and the denial of a speedy trial.
A. The search warrant is void because it contained no direction that it be returned and it was not returned.
The search warrant in this case had no direction on its face that it be returned to the issuing judge and no such return was ever made. No inventory was made by the police officer in connection with the search and none was ever…
2Cases cited18 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- McNabb v. United StatesSupreme Court of the United States · 1943
- Berger v. New YorkSupreme Court of the United States · 1967
- Giles v. United StatesCourt of Appeals for the First Circuit · 1922
- People v. SchmidtSupreme Court of Colorado · 1970
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3Cited by7 opinions
- Mills v. StateIndiana Court of Appeals · 1978
- Commonwealth v. OcasioMassachusetts Supreme Judicial Court · 2001
- State v. CurryIdaho Court of Appeals · 1982
- Hudson v. StateNew Mexico Supreme Court · 1976
- In re Darcy S.New Mexico Court of Appeals · 1997
2 more not listed; retrieve them via the Exa API.