Legal Opinion

State v. Foster

New Mexico Court of Appeals

Decided September 17, 1971No. 680PublishedCited by 11 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

Foster appeals from a conviction of robbery while armed with a deadly weapon contrary to § 40A-16-2, N.M.S.A. 1953 (Repl.Vol. 6).

We affirm.

Foster relies on two points for reversal: (1) Foster was prejudiced by opening remarks of the trial court concerning other charges against him; (2) Foster was denied a fair trial and due process of law becausé he was brought into the courtroom attired in'jail garment and handcuffed.

1. Was Foster Prejudiced by Opening Remarks.by the Trial Court?.

At the opening of court before the jury, the judge identified Foster as the defendant, and…

2Cases cited9 opinions

  1. State v. RowellNew Mexico Supreme Court · 1966
  2. State v. McFerranNew Mexico Court of Appeals · 1969
  3. Wallace v. WanekNew Mexico Court of Appeals · 1970
  4. State v. JonesNew Mexico Court of Appeals · 1969
  5. State v. SluderNew Mexico Court of Appeals · 1971

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. McMurtreyArizona Supreme Court · 1983
  2. State v. JacobsNew Mexico Court of Appeals · 1985
  3. Gammage v. State, Texas Court of Appeals, 4th District (San Antonio)1982
  4. State v. HerreraNew Mexico Court of Appeals · 1972
  5. State v. JohnstonNew Mexico Court of Appeals · 1982

6 more not listed; retrieve them via the Exa API.

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