Home/New Mexico Supreme Court/Kendall v. State

Kendall v. State

561 P.2d 464, 90 N.M. 191
CourtNew Mexico Supreme Court
DecidedMarch 9, 1977
Docket11254
StatusPublished
Cited by31 cases

This text of 561 P.2d 464 (Kendall v. State) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kendall v. State, 561 P.2d 464, 90 N.M. 191 (N.M. 1977).

Opinion

OPINION

SOSA, Justice.

Defendant was convicted of fourteen felonies and one misdemeanor. The Court of Appeals affirmed in part and reversed in part. Kendall v. State, 90 N.M. 236, 561 P.2d 935 (Ct. App. 1977). We granted certiorari.

The only issue we entertain is the Court of Appeals’ reversal of defendant’s conviction of criminal sexual penetration because of the trial court’s failure to instruct that the jury must find that the victim was other than defendant’s spouse, and the resulting remand for new trial on the issue. The reversal was improper under the facts of the case. State v. Bell, 90 N.M. 134, 560 P.2d 925 (1977). The defendant was properly convicted of criminal sexual penetration, and his conviction is affirmed.

OMAN, C. J., and McMANUS, EASLEY and PAYNE, JJ., concur.

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Bluebook (online)
561 P.2d 464, 90 N.M. 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kendall-v-state-nm-1977.