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STATE v. HENLEY

No. 31,218.

237 P.3d 103 (2010)

2010-NMSC-039

STATE of New Mexico, Plaintiff-Petitioner, v. Omar HENLEY, Defendant-Respondent.

Supreme Court of New Mexico.

July 13, 2010.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, Joel Jacobsen, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Hugh W. Dangler, Chief Public Defender, Susan Roth, Assistant Appellate Defender, Santa Fe, NM, for Respondent.

OPINION

SERNA, Justice.

{1} In our criminal justice system, the right to trial by jury is enshrined in the Sixth Amendment of the United States Constitution and Article II, Section 12 of the New Mexico Constitution. "[I]t is the duty of juries in criminal cases to take the law from the court, and apply that law to the facts as they find them to be from the evidence." Sparf v. United States, 156 U.S. 51...

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