OPINION
WOOD, Chief Judge.
Defendant appeals his conviction of robbery while armed with a deadly weapon. Section 40A-16-2, N.M.S.A. 1953 (2d Repl. Vol. 6). He claims the evidence as to "deadly weapon" is insufficient to sustain his conviction. We agree.
There is evidence that a "tire tool" was used in the robbery. Our statute does not specifically define a tire tool as a deadly weapon. The question then is whether it is a "* * * weapon which is capable...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.