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STATE v. MOTTOLA

No. 939.

504 P.2d 22 (1972)

STATE of New Mexico, Plaintiff-Appellee, v. Wes MOTTOLA, Defendant-Appellant.

Court of Appeals of New Mexico.

November 22, 1972.

Attorney(s) appearing for the Case

Roy G. Hill, Santa Fe., for defendant-appellant.

David L. Norvell, Atty. Gen., James H. Russell, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

The defendant was convicted and sentenced for assault. Section 40A-3-1(A)(B), N.M.S.A. 1953 (2nd Repl.Vol. 6). Defendant waived trial by jury, and trial was had before the court. Defendant appeals.

We affirm.

Defendant claims the trial court erred because (1) the admission of testimony of events and declarations immediately after the assault were improper; (2) there is no substantial evidence to support the verdict;...

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