STATE v. PLANT

No. 1183.

518 P.2d 961 (1973)

86 N.M. 2

STATE of New Mexico, Plaintiff-Appellee, v. John Will PLANT, Defendant-Appellant.

Court of Appeals of New Mexico.

September 26, 1973.


Attorney(s) appearing for the Case

Stephen G. Durkovich, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Andrea Buzzard, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Chief Judge.

The dispositive issue is whether the written statement of Plant was properly admitted into evidence over his objection. Plant claims the statement should not have been admitted because of a prior representation to the court concerning the use of the statement.

Mary Franson was murdered during the burglary of her residence. Plant gave a written statement concerning these crimes after being promised that he would not be charged...

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