New Mexico Supreme Court· 5/29/1942
State v. Garcia
Citations
- 128 P.2d 459
- 46 N.M. 302
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the court rule requiring tender of instruction or objection to a tendered instruction required supersedes case law that formerly required giving lesser included instructions
- stating that the court rule requiring tender of instruction or objection to a tendered instruction required supersedes case law that formerly required giving lesser included instructions
- defendant acquiesced in the trial court’s instructions and could not claim initially on appeal that such instructions were improper
- fundamental error must go to the foundation of the defendant’s case or take from the defendant' a right which was essential to his defense
- fundamental error must go to the foundation of the defendant's case or take from the defendant a right which was essential to his defense
- acquiescence to instructions by failure to object to those given or to tender others
Source: CourtListener parenthetical corpus (CC0).
Judges: Bickley, Brice, Mabry, Sadler, Zinn
Read full opinion on CourtListenerCited by
72 cases in this archive cite this case; the 20 most cited are listed.
- State v. CunninghamNew Mexico Supreme Court· 2000-03-09· cited 761×
- State v. PerryIdaho Supreme Court· 2010-12-07· cited 531×
- State v. BarberNew Mexico Supreme Court· 2004-05-19· cited 344×
- State v. BenallyNew Mexico Supreme Court· 2001-10-17· cited 299×
- State v. SeversonIdaho Supreme Court· 2009-05-29· cited 298×
- State v. DuranNew Mexico Supreme Court· 2006-07-20· cited 232×
- State v. BinghamIdaho Supreme Court· 1989-06-15· cited 106×
- State v. SutphinNew Mexico Supreme Court· 2007-06-29· cited 91×
- State v. BalderamaNew Mexico Supreme Court· 2004-03-01· cited 85×
- State v. BoeglinNew Mexico Supreme Court· 1987-01-21· cited 83×
- State v. RamirezNew Mexico Court of Appeals· 1976-10-19· cited 80×
- State v. GallegosNew Mexico Supreme Court· 2009-04-21· cited 78×
- Smith v. StateIdaho Supreme Court· 1971-12-08· cited 74×
- State v. GarciaNew Mexico Supreme Court· 1983-01-20· cited 73×
- State v. VillaNew Mexico Supreme Court· 2004-09-09· cited 72×
- State v. McCraryNew Mexico Supreme Court· 1984-01-05· cited 66×
- State v. PazIdaho Supreme Court· 1990-09-25· cited 65×
- State v. HunterNew Mexico Court of Appeals· 2001-09-10· cited 64×
- State v. ChristiansenIdaho Supreme Court· 2007-05-02· cited 63×
- State v. HeislerNew Mexico Supreme Court· 1954-04-08· cited 56×
Cites
7 cases in this archive are cited by this case.
- Patton v. United StatesSupreme Court· 1930-04-14· cited 1,162×
- State v. GarciaNew Mexico Supreme Court· 1914-08-17· cited 154×
- Gonzales v. RiveraNew Mexico Supreme Court· 1933-04-17· cited 22×
- State v. DiazNew Mexico Supreme Court· 1932-08-25· cited 18×
- State v. SimpsonNew Mexico Supreme Court· 1935-03-04· cited 16×
- State v. RomeroNew Mexico Supreme Court· 1938-04-23· cited 13×
- State v. HallNew Mexico Supreme Court· 1935-12-24· cited 10×
Sourced from CourtListener / Free Law Project (CC0).
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