Legal Opinion

State v. Milton

New Mexico Court of Appeals

Decided August 21, 1974No. 1499PublishedCited by 9 opinions

1Opinion of the Court

OPINION

WOOD, Chief Judge.

Convicted of armed robbery, defendant appeals. Section 40A-16-2, N.M.S.A.1953 (2d Repl. Vol. 6). The issues concern: (1) photographic identification; (2) requested instruction concerning identification; (3) admission of a copy of a prisoner’s letter; and (4) mistrial because of non-responsive answers of witnesses. We affirm.

Photographic Identification

By motions for directed verdict at the close of the State’s case-in-chief and at the close of all the evidence, defendant challenged the sufficiency of the evidence identifying defendant as the robber of the service…

2Cases cited11 opinions

  1. Simmons v. United StatesSupreme Court of the United States · 1968
  2. United States v. Ben Herbert SutherlandCourt of Appeals for the Fifth Circuit · 1970
  3. State v. PolskyNew Mexico Court of Appeals · 1971
  4. State v. ThurmanNew Mexico Court of Appeals · 1972
  5. State v. AguirreNew Mexico Supreme Court · 1972

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

3Cited by9 opinions

  1. People v. Childs, Jr.Supreme Court of Colorado · 1980
  2. State v. HarrisCourt of Appeals of Arizona · 1975
  3. State v. DavisNew Mexico Court of Appeals · 1979
  4. State Health & Social Services Department v. SmithNew Mexico Court of Appeals · 1979
  5. State v. OlivaresNew Mexico Court of Appeals · 1980

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

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