STATE v. MAESTAS

No. 7985.

413 P.2d 694 (1966)

76 N.M. 215

STATE of New Mexico, Plaintiff-Appellee, v. Oliver MAESTAS, Defendant-Appellant.

Supreme Court of New Mexico.

April 25, 1966.


Attorney(s) appearing for the Case

Robert A. Morrow, Raton, for appellant.

Boston E. Witt, Atty. Gen., Roy G. Hill, Asst. Atty. Gen., Santa Fe, for appellee.


COMPTON, Justice.

The defendant was convicted by a jury of Union County of the crime of rape and, from the judgment imposing sentence therefor, he appeals.

The appeal is based on a single point, that is, that the testimony of the prosecuting witness is so inherently improbable as to amount to fundamental error. By assigning fundamental error appellant seeks to bring the case within the exception enunciated in State v. Garcia, 19 N.M. 414, 143 P. 1012, wherein...

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