Legal Opinion

Esquibel v. State

New Mexico Supreme Court

Decided March 27, 1978No. 11813PublishedCited by 48 opinions

1Opinion of the Court

OPINION

FEDERICI, Justice.

Defendant-appellant was convicted of escape from the New Mexico State Penitentiary in violation of § 40A-22-9, N.M.S.A. 1953 (Repl.1972). He contends the trial court erred in refusing a requested instruction which was based upon N.M. U.J.I.Crim. 41.20 [Vol. 6, N.M.S.A.1953 at 329 (Supp. 1975)]. The trial court refused a tendered instruction by defendant in substantially the language of N.M. U.J.I.Crim. 41.20. The Court of Appeals affirmed the trial court. We reverse.

The Court of Appeals stated in its opinion that N.M. U.J.I.Crim. 41.20 does not appear to be a…

2Cases cited9 opinions

  1. Alexander v. Delgado Ex Rel. DelgadoNew Mexico Supreme Court · 1973
  2. People v. LovercampCalifornia Court of Appeal · 1974
  3. People v. UngerIllinois Supreme Court · 1977
  4. Shannon v. United StatesCourt of Appeals for the Tenth Circuit · 1935
  5. People v. LutherMichigan Supreme Court · 1975

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

3Cited by48 opinions

  1. State v. WilsonNew Mexico Supreme Court · 1994
  2. Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1981
  3. State v. BoeglinNew Mexico Supreme Court · 1987
  4. Wells v. StateCourt of Appeals of Alaska · 1984
  5. State v. ReeseSupreme Court of Iowa · 1978

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

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