STATE v. SCARBOROUGH

No. 5352.

230 P.2d 235 (1951)

55 N.M. 201

STATE v. SCARBOROUGH.

Supreme Court of New Mexico.

April 9, 1951.


Attorney(s) appearing for the Case

Otto Smith, Clovis, for appellant.

Joe L. Martinez, Atty. Gen., Hilario Rubio, Asst. Atty. Gen., for appellee.


SADLER, Justice.

The defendant was convicted of rape in the district court of Curry County and sentenced to a term in the penitentiary. He prosecutes this appeal in an effort to secure a new trial. Two grounds of reversal are set up, the first claiming error in the trial court's refusal of a specially requested instruction touching the effect of extreme intoxication as producing temporary impotency, thereby rendering it unlikely that he could or would have committed...

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