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STATE v. NAGEL

No. 1538.

535 P.2d 641 (1975)

87 N.M. 434

STATE of New Mexico, Plaintiff-Appellee, v. Raymond NAGEL, a/k/a Raymond NAGLE, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied April 3, 1975.

Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, App. Defender, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Prentis Reid Griffith, Sp. Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

Defendant was convicted and sentenced on two counts of false imprisonment [§ 40A-4-3, N.M.S.A. 1953 (2d Repl.Vol. 6)] and one count of aggravated assault [§ 40A-3-2]. We reverse.

A. The doctrine of collateral estoppel entitles defendant to a directed verdict.

The facts of this case are uncontroverted. In the early afternoon of August 26, 1973, the defendant, upset by the infidelity of his wife, Sarah...

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