STATE v. GUY

No. 593.

483 P.2d 1323 (1971)

STATE of New Mexico, Plaintiff-Appellee, v. Joseph L. GUY, Defendant-Appellant.

Court of Appeals of New Mexico.

April 2, 1971.


Attorney(s) appearing for the Case

David H. Pearlman, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Richard J. Smith, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Judge.

The appeal is from defendant's conviction of "escape from penitentiary." Section 40A-22-9, N.M.S.A. 1953 (Repl.Vol. 6). Defendant claims the trial court erred in denying his motions for a mistrial. This claim concerns defendant's language and conduct in the courtroom.

During an outburst by defendant at the beginning of his trial, he declared "* * * I'm not going to stand trial, not peaceably, in this county." Defendant continued...

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