ALANIZ v. FUNK

No. 6814.

364 P.2d 1033 (1961)

69 N.M. 164

Henry ALANIZ, Administrator of the Estate of Elias Alaniz, Deceased, as personal representative, Plaintiff-Appellant, v. Ike FUNK, Defendant-Appellee.

Supreme Court of New Mexico.

September 19, 1961.


Attorney(s) appearing for the Case

Timothy P. Woolston, William S. J. Knox, Albuquerque, for appellant.

Patrick F. Hanagan, Roswell, Jack Love, Lovington, for appellee.


CARMODY, Justice.

Action for wrongful death. The appeal is from the granting of a directed verdict at the close of plaintiff's case.

The only problem is whether a jury question was involved in the case of a deputy sheriff's killing a suspected felon in order to effect an arrest.

The ruling of the trial court was made upon facts which may be briefly stated: In the late afternoon, following the break-in of a National Guard armory, wherein some M-1 and...

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