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STATE v. BARNETT

No. 973.

504 P.2d 1088 (1972)

STATE of New Mexico, Plaintiff-Appellee, v. Carl BARNETT, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted January 3, 1973.

Attorney(s) appearing for the Case

Leonard G. Espinosa, Donald B. Moses, Nordhaus, Moses & Dunn, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Santa Fe, Winston Roberts-Hohl, Ronald Van Amberg, Asst. Attys. Gen., for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Convicted of rape (§ 40A-9-2, N.M.S.A. 1953 (2nd Repl.Vol. 1972)) and sodomy (§ 40A-9-6, N.M.S.A. 1953 (2nd Repl.Vol. 1972)), defendant appeals asserting seven points for reversal. His fifth point regarding the trial court's refusal to instruct the jury on the voluntariness of a statement made by defendant is dispositive of the appeal. We reverse.

By pre-trial motion, and at trial, defendant sought to suppress a...

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