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33 N.M. 449

269 P 331

State v. Greenlee

New Mexico Supreme Court

Decided March 15, 1928

New Mexico Supreme Court · decided 1928-03-15

Good law ✅— No negative treatment on recordhow we know

Decided 1928-03-15

How this case has been cited

Cited by 25 later decisions — most recently February 2017 · most notably Kinard v. United States (1938), State v. Moore (1938)

2 federal appellate · 23 state decisions

701928193019401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PARKER, C. J.

¶1 I concur in the result reached by the court. The point urged, that the rejected evidence was competent as tending to show the probability as to who was the aggressor, was not called to the attention of the trial court, and the evidence was not offered for such purpose. It is true that self-defense had been previously announced as one of the defenses to be relied upon; still I know of no way that the trial court can be put in error, ordinarily, unless he be expressly called upon to rule upon a question and rules erroneously. This was not done in this case.

¶2 For this reason, the judgment will have to be affirmed.

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