STATE v. MONTANO

No. 4639.

620 P.2d 887 (1980)

95 N.M. 233

STATE of New Mexico, Plaintiff-Appellee, v. Julia MONTANO, Defendant-Appellant.

Court of Appeals of New Mexico.

November 18, 1980.


Attorney(s) appearing for the Case

Michael Gernsheimer, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Carol J. Vigil, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

LOPEZ, Judge.

Defendant appeals her conviction of second degree murder contrary to § 30-2-1, N.M.S.A. 1978. We reverse.

Four issues are raised: 1. whether the trial court erred in refusing to give the jury a mandatory instruction concerning the voluntariness of a defendant's out of court statement, when the defendant first suggested the instruction be given one and a half hours after the jury had returned to deliberate; 2. and 3. whether...

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