STATE v. TAPIA

No. 136.

443 P.2d 514 (1968)

79 N.M. 344

STATE of New Mexico, Plaintiff-Appellee, v. Pete TAPIA, Defendant-Appellant.

Court of Appeals of New Mexico.

June 28, 1968.


Attorney(s) appearing for the Case

Menig & Sager, Harold H. Parker, Albuquerque, for defendant-appellant.

Boston E. Witt, Atty. Gen., David R. Sierra, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

ARMIJO, Judge.

Pete Tapia was found guilty by a jury of having committed the offense of armed robbery. He appeals the judgment imposing sentence and claims the trial court committed reversible error because: (a) the verdict was contrary to the weight of the evidence; (b) evidence was introduced of an extra judicial nature with respect to identity of the accused and, (c) that receipt of such evidence constituted fundamental error.

The challenge...

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