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State v. Odell

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eBook details

  • Title: State v. Odell
  • Author : New Mexico Court of Appeals
  • Release Date : January 22, 1973
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 46 KB

Description

Defendant was charged and convicted of armed robbery as an accessory, see §§ 40A-16-2 and 40A-1-14, N.M.S.A. 1953 (2d Repl. Vol. 6), and of assault with intent to commit a violent felony upon a peace officer, see § 40A-22-22, N.M.S.A. 1953 (2d Repl. Vol. 6). He raises five points for reversal. Point One alleges error in the admission of in-court identifications of defendant since he was not afforded a pretrial lineup. Defendant never requested a pretrial lineup; nor did he object to the identification testimony. Points Three and Four relate to the admission of certain evidence to which no objection was taken. In Point Five defendant complains that the court failed to instruct the jury on certain matters. However, defendant tendered no requested instructions covering those matters. Each of these four points are raised here for the first time and, under § 21-2-1(20), N.M.S.A. 1953 (Repl. Vol. 4), are not before us for review.


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