STATE v. TORRES

No. 5691.

657 P.2d 1194 (1983)

99 N.M. 345

STATE of New Mexico, Plaintiff-Appellee, v. Rose TORRES, Defendant-Appellant.

Court of Appeals of New Mexico.

January 18, 1983.


Attorney(s) appearing for the Case

Ella J. Fenoglio, Eric Isbell-Sirotkin, Albuquerque, for defendant-appellant.

Paul G. Bardacke, Atty. Gen., Elizabeth Major, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

HENDLEY, Judge.

Defendant appeals her conviction of fraud contrary to § 30-16-6, N.M.S.A. 1978 (1982 Cum.Supp.). She raises two issues on appeal: 1) whether the trial court erred in giving, in addition to N.M.U.J.I. Crim. 41.20, N.M.S.A. 1978 (1982 Repl.Pamph.), on duress, an instruction which emphasized the requirement of immediacy of the threatened harm; and 2) whether the psychiatric diagnoses were newly discovered evidence such that a new...

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