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STATE v. FRANSUA

No. 1035.

510 P.2d 106 (1973)

85 N.M. 173

STATE of New Mexico, Plaintiff-Appellee, v. Daniel FRANSUA, Defendant-Appellant.

Court of Appeals of New Mexico.

May 4, 1973.

Attorney(s) appearing for the Case

Richard C. Losh, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Harvey B. Fruman, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HERNANDEZ, Judge.

Defendant was convicted by a jury on one count of aggravated battery (§ 40A-3-5, N.M.S.A. 1953 (2d Repl. Vol. 6)) and sentenced to a prison term of not less than two and not more than ten years. He urges reversal of his conviction on two grounds: (1) that the victim of the battery consented to the act and that such consent frees defendant of criminal liability; and (2) that the trial court committed error by restricting voir...

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