Legal Opinion
State v. Tabaha
New Mexico Court of Appeals
Decided February 4, 1986No. 8909PublishedCited by 10 opinions
1Opinion of the Court
OPINION
HENDLEY, Judge.
The state appeals from an order quashing an information for failure to charge a crime. Because the facts were not disputed and because the state asked the court to rule on the questions raised by defendant's motion to quash, the trial court was of the view that a legal, not factual, issue was presented. Cf. State v. Mares, 92 N.M. 687, 594 P.2d 347 (Ct.App.1979). The state does not disagree, nor do we.
We affirm.
The information charged battery upon a peace officer, contrary to NMSA 1978, Section 30-22-24 (Repl.Pamp.1984). The defendant is an eighteen-year-old resident at…
2Cases cited5 opinions
- State Ex Rel. Bird v. ApodacaNew Mexico Supreme Court · 1977
- State v. MaresNew Mexico Court of Appeals · 1979
- City of Clovis v. ArchieNew Mexico Supreme Court · 1955
- State v. GarciaNew Mexico Court of Appeals · 1982
- State v. RussellNew Mexico Court of Appeals · 1980
3Cited by10 opinions
- State v. OgdenNew Mexico Supreme Court · 1994
- State v. WassonNew Mexico Court of Appeals · 1998
- State v. GutierrezNew Mexico Court of Appeals · 1993
- State v. YoungNew Mexico Supreme Court · 2004
- Dunn ex rel. Estate of Cortez v. State ex rel. Taxation & Revenue DepartmentNew Mexico Court of Appeals · 1993
5 more not listed; retrieve them via the Exa API.