STATE v. TINDLE

No. 8632.

718 P.2d 705 (1986)

104 N.M. 195

STATE of New Mexico, Plaintiff-Appellant, v. Dennis E. TINDLE, Defendant-Appellee.

Court of Appeals of New Mexico.

April 8, 1986.


Attorney(s) appearing for the Case

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

Jacquelyn Robins, Chief Public Defender, David Stafford, Appellate Defender, Santa Fe, for defendant-appellee.


OPINION

BIVINS, Judge.

From an order suppressing defendant's confession, the state appeals. NMSA 1978, § 39-3-3(B)(2). The sole question on appeal is whether the confession was voluntary.

The state charged defendant and his brother with the October 16, 1984, first-degree murder and armed robbery of Ross Carruthers. Defendant moved to suppress his confession. A hearing on the motion was held March 12, 1985.

At the hearing, defendant and...

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