Legal Opinion

State v. McAfee

New Mexico Supreme Court

Decided June 12, 1967No. 8111PublishedCited by 66 opinions

1Opinion of the Court

OPINION

WOOD, Judge.

The issues are: (1) sufficiency of the evidence, (2) failure to instruct, (3) the sentence imposed and (4) rights under the Fifth and Sixth Amendments to the United States Constitution.

A window in a jewelry store was broken with a rock and boxes containing rings were taken from the window. A jury convicted defendant of burglary (§ 40A-16-3, N.M. S.A.1953) and larceny of property valued in excess of $100.00 (§ 40A-16-1, N.M.S.A. 1953). • •

Defendant contends that the evidence is insufficient to sustain a conviction. He attacks the evidence which identifies defendant as the…

2Cases cited29 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Escobedo v. IllinoisSupreme Court of the United States · 1964
  3. Johnson v. New JerseySupreme Court of the United States · 1966
  4. Commonwealth Ex Rel. Moszczynski v. AsheSupreme Court of Pennsylvania · 1941
  5. Tapia v. Panhandle Steel Erectors CompanyNew Mexico Supreme Court · 1967

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

3Cited by66 opinions

  1. Swafford v. StateNew Mexico Supreme Court · 1991
  2. State v. DuffyNew Mexico Supreme Court · 1998
  3. State v. WoolardOregon Supreme Court · 1971
  4. State v. Office of the Public Defender Ex Rel. MuqqddinNew Mexico Supreme Court · 2012
  5. People v. WiseMichigan Court of Appeals · 1984

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

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