(DOWNLOAD) "State v. Tisthammer" by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: State v. Tisthammer
- Author : New Mexico Court of Appeals
- Release Date : January 09, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Certiorari denied, No. 25,256, August 13, 1998 APPEAL FROM THE DISTRICT COURT OF ROOSEVELT COUNTY DAVID W. BONEM, District Judge {1} In this case, we consider whether the Grand Jury Act or the Public Defender Act provides a target witness testifying before a grand jury with a right to counsel such that an indictment must be dismissed if counsel is not present and there is no express voluntary, knowing, and intelligent waiver of counsel's presence. We hold that they do not. Defendant appeals the denial of his motion seeking to dismiss a grand jury indictment for multiple counts of burglary, conspiracy, and other related charges because Defendant did not have an attorney present when he testified as a target witness before the grand jury. After being convicted of all charges at trial, Defendant asserts two additional challenges: (1) whether there was insufficient evidence to support the convictions and (2) whether under the general-specific rule of statutory construction, he should have been charged with larceny of a firearm and burglary instead of aggravated burglary. We affirm. FACTS
 "State v. Tisthammer" by New Mexico Court of Appeals # Book PDF Kindle ePub Free){kind=link}