Legal Opinion
State v. Garcia
New Mexico Court of Appeals
Decided February 23, 1968No. 92PublishedCited by 19 opinions
1Opinion of the Court
OPINION
WOOD, Judge.
What is the meaning of “committed” in § 40A-22-8, N.M.S.A.1953 ? The statute reads:
“Escape from jail consists of any person who shall have been lawfully committed to any jail, escaping or attempting to escape from such jail.”
The criminal complaint charged defendant with a petty misdemeanor. An arrest warrant was issued. Defendant was arrested and jailed. The jury determined that he got out of jail through the roof and convicted him of violating the above statute. Defendant appeals. ,(
Defendant’s position is that one cannot commit the statutory offense of “escape from jail”…
Also in this document: Concurrence.
2Cases cited13 opinions
- Tijerina v. BakerNew Mexico Supreme Court · 1968
- Ex parte DeVoreNew Mexico Supreme Court · 1913
- In Re KleinCalifornia Court of Appeal · 1961
- Valley Country Club, Inc. v. MenderNew Mexico Supreme Court · 1958
- United States Ex Rel. Heikkinen v. GordonCourt of Appeals for the Eighth Circuit · 1951
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. VigilNew Mexico Court of Appeals · 1985
- State v. SlickerNew Mexico Court of Appeals · 1968
- State v. AlderetteNew Mexico Court of Appeals · 1990
- State v. HicksNew Mexico Court of Appeals · 1986
- State v. DoeNew Mexico Court of Appeals · 1978
14 more not listed; retrieve them via the Exa API.