State v. Barnett

New Mexico Court of Appeals

Decided November 17, 1972

New Mexico Court of Appeals · decided 1972-11-17

Cited by 5 later decisions — most recently February 1978

5 state decisions

Relies on State v. Trejo

Good law ✅— No negative treatment on recordhow we know

Decided 1972-11-17

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SUTIN, Judge

¶1(specially concurring in part, and dissenting in part).

¶2I concur in the reversal on the rape conviction.

¶3I dissent on the sodomy charge because § 40A-9-6, N.M.S.A.1953 (2nd Repl.Vol. 1972) is unconstitutional, and Barnett should be discharged for this alleged offense. See dissenting opinion, State v. Trejo, 83 N.M. 511, 494 P.2d 173 (Ct.App. 1972).