New Mexico Supreme Court· 3/1/1977

State v. Bell

Citations

560 P.2d 925
90 N.M. 134

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

error not jurisdictional where element was not factually in issue and was a subsidiary fact
when statute creating offense includes an exception, the prosecution need not negate the exception; rather defendant must prove that he comes within it as a matter of defense
on facts similar to the instant case, a prior consistent statement was admissible under New Mexico’s equivalent of Mil.R.Evid. 801(d)(1)(B)
decision resting on either “not factually at issue” or “subsidiary fact” rationale
question of whether victim was wife of defendant in rape case

Source: CourtListener parenthetical corpus (CC0).

Judges: Easley, McManus, Sosa

Read full opinion on CourtListener

Cited by

81 cases in this archive cite this case; the 20 most cited are listed.

Cites

29 cases in this archive are cited by this case; the 20 most cited are listed.

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