STATE v. NEATHERLIN

No. 25,729.

154 P.3d 703 (2007)

2007-NMCA-035

STATE of New Mexico, Plaintiff-Appellee, v. Richard Don NEATHERLIN, Defendant-Appellant.

Court of Appeals of New Mexico.

February 9, 2007.


Attorney(s) appearing for the Case

Gary K. King, Attorney General, Santa Fe, NM, Steven S. Suttle, Assistant Attorney General, Albuquerque, NM, for Appellee.

John Bigelow, Chief Public Defender, Kathleen T. Baldridge, Assistant Appellate Defender, Santa Fe, NM, for Appellant.


OPINION

CASTILLO, Judge.

{1} Defendant appeals his conviction for aggravated battery with a deadly weapon, a third-degree felony. In our review of this case, we are required to determine if the human mouth can be a deadly weapon, pursuant to NMSA 1978, § 30-1-12(B) (1963) (defining "deadly weapon"), and NMSA 1978, § 30-3-5(C) (1969) (explaining felony aggravated battery). We conclude that a jury could reasonably determine that the human mouth is...

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