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State v. Magby

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eBook details

  • Title: State v. Magby
  • Author : New Mexico Supreme Court
  • Release Date : January 17, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

CERTIFICATION FROM THE NEW MEXICO COURT OF APPEALS William P. Johnson, District Judge OPINION {1} Following a horseback-riding accident, Defendant Robert Leon Magby was convicted of child abuse resulting in death. We hold that the trial court improperly refused a jury instruction tendered by defense counsel, resulting in the distinct possibility of juror confusion as to the mens rea necessary for conviction. We therefore reverse Magby's conviction and remand for a new trial. FACTS AND PROCEDURAL POSTURE


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