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STATE v. MONTOYA

No. 8247.

430 P.2d 865 (1967)

78 N.M. 294

STATE of New Mexico, Plaintiff-Appellee, v. Mel R. MONTOYA, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied August 28, 1967.

Attorney(s) appearing for the Case

Woolston & Coan, Albuquerque, for appellant; Ben T. Traub and Charles Driscoll, Albuquerque, on rehearing.

Boston E. Witt, Atty. Gen., Donald W. Miller, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

MOISE, Justice.

Defendant was charged with the crimes of rape (§ 40A-9-2, N.M.S.A. 1953) and sodomy (§ 40A-9-6, N.M.S.A. 1953). He was tried on these charges on May 27, 1966. He was acquitted on the charge of rape but convicted on the charge of sodomy, and appeals from the conviction.

Defendant first contends that the trial court erred in admitting testimony of an oral confession given without counsel, relying on Escobedo v. State...

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