Legal Opinion

State v. Lindwood

New Mexico Court of Appeals

Decided August 9, 1968No. 132PublishedCited by 6 opinions

1Opinion of the Court

OPINION

SPIESS, Chief Judge.

Morris Lindwood was tried to a jury and convicted of unauthorized entry with intent to commit theft in violation of § 40A-16-3, N.M.S.A.1953. At the close of the evidence the trial court instructed the jury and final argument commenced. During the course of the state’s closing arguments reference was made to an instruction on impeachment. Appellant moved for a mistrial on the ground that the state was arguing on an instruction which was not given.

In agreeing that the instruction on impeachment had not been given the court stated that the omission was inadvertent and…

2Cases cited13 opinions

  1. State v. MooreNew Mexico Supreme Court · 1938
  2. State v. BealNew Mexico Supreme Court · 1944
  3. State v. NelsonNew Mexico Supreme Court · 1959
  4. Scott v. BrownNew Mexico Supreme Court · 1966
  5. Terry v. BiswellNew Mexico Supreme Court · 1959

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

3Cited by6 opinions

  1. State v. GruenderNew Mexico Court of Appeals · 1971
  2. State v. WeissNew Mexico Court of Appeals · 1986
  3. State v. GriegoNew Mexico Court of Appeals · 1977
  4. State v. FreemanNew Mexico Supreme Court · 2026
  5. State v. GruenderNew Mexico Court of Appeals · 1971

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API