Legal Opinion
State v. Baca
New Mexico Court of Appeals
Decided October 8, 1971No. 678PublishedCited by 16 opinions
1Opinion of the Court
OPINION
COWAN, Judge.
Defendant appeals following his conviction of armed robbery, Section 40A-16-2,. N.M.S.A.1953 (Repl.Vol. 6).
He urges two points for reversal but insufficiency of the evidence is the main thrust of both and is determinative.
We reverse.
The statute provides:
“Robbery consists of the theft of anything of value from the person of another or from the immediate control of another, by use or threatened use of fonce or violence.”
The use or threatened use of force- or violence is not, in and by itself, sufficient. It must be the lever by which the thing of value is separated from the…
2Cases cited4 opinions
- State v. RomeroNew Mexico Supreme Court · 1960
- Fox v. DoakNew Mexico Supreme Court · 1968
- State v. SanchezNew Mexico Court of Appeals · 1967
- State v. TrujilloNew Mexico Supreme Court · 1955
3Cited by16 opinions
- State v. McGannArizona Supreme Court · 1982
- H. T. Coker Construction Co. v. Whitfield Transportation, Inc.New Mexico Court of Appeals · 1974
- State v. AllenArizona Supreme Court · 1988
- State v. CurleyNew Mexico Court of Appeals · 1997
- State v. DurantNew Mexico Court of Appeals · 2000
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