STATE v. PADILLA

No. 1249.

523 P.2d 17 (1974)

86 N.M. 282

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

Court of Appeals of New Mexico.

Rehearing Denied April 8, 1974.

Certiorari Denied May 10, 1974.


Attorney(s) appearing for the Case

Charles N. Glass, Threet, Threet, Glass, King & Maxwell, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Dee C. Blythe, Louis Druxman, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Chief Judge.

Convicted of two counts of kidnapping and two counts of rape, defendant appeals. The issues concern: (1) amendment of the counts charging kidnapping; (2) questioning of witness by trial judge; (3) improper communication between witnesses; and (4) inconsistent verdicts amounting to fundamental error.

Amendment of kidnapping counts.

The applicable kidnapping statute is § 40A-4-1, N.M.S.A. 1953 (2d Repl...

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