Legal Opinion
State v. Ortega
New Mexico Court of Appeals
Decided January 14, 1992No. 12952PublishedCited by 31 opinions
1Opinion of the Court
OPINION
BIVINS, Judge.
Convicted of battery upon a peace officer contrary to NMSA 1978, Section 30-22-24 (Repl.Pamp.1984), Defendant appeals. He raises two issues. First, Defendant claims that since the uncontradicted evidence shows that he never touched the person of the peace officer — only grabbed or knocked a flashlight out of the officer’s hand— substantial evidence does not support a conviction of battery upon a peace officer. Second, and closely related to the first issue, Defendant claims that the trial court erred in giving a jury instruction defining the crime of battery upon a peace…
2Cases cited8 opinions
- Fisher v. Carrousel Motor Hotel, Inc.Texas Supreme Court · 1967
- State v. IsiahNew Mexico Supreme Court · 1989
- State Ex Rel. State Highway Department v. StrosniderNew Mexico Court of Appeals · 1987
- Stokes v. StateIndiana Supreme Court · 1953
- Morgan v. LoyacomoMississippi Supreme Court · 1941
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Fuerschbach v. Southwest Airlines Co.Court of Appeals for the Tenth Circuit · 2006
- Archuleta v. City of RoswellDistrict Court, D. New Mexico · 2012
- State v. PadillaNew Mexico Supreme Court · 1997
- Chavez v. Thomas & Betts Corp.Court of Appeals for the Tenth Circuit · 2005
- Pena v. GreffetDistrict Court, D. New Mexico · 2013
26 more not listed; retrieve them via the Exa API.