STATE v. SANDOVAL

No. 13939.

655 P.2d 1017 (1982)

99 N.M. 173

STATE of New Mexico, Plaintiff-Appellee, v. Jose Moises SANDOVAL, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied December 21, 1982.


Attorney(s) appearing for the Case

Michael Dickman, Appellate Defender, David Stafford, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Marcia E. White, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

PAYNE, Chief Justice.

This appeal involves two alleged errors committed during Sandoval's penitentiary riot murder trial. The State's case was based primarily on testimony by David Fuentes, who saw Sandoval enter the victim's cell and later saw the victim lying in a pool of blood but did not see Sandoval hit the victim, and testimony by Tunnell, who did see Sandoval hit the victim and to whom Sandoval stated that he had killed the victim.

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