[Download] "State V. Riddall" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State V. Riddall
- Author : New Mexico Court of Appeals
- Release Date : January 26, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
I respectfully disagree with the majority's affirmance of defendant's conviction under NMSA 1978, Section 30-7-8 (Repl. Pamp. 1984). I would hold that a butterfly knife is not a switchblade knife under the provisions of that statute. I would thus reverse defendant's conviction of violating Section 30-7-8 (unlawful possession of a switchblade knife). Additionally, because the state pursued defendant's conviction under NMSA 1978, Section 30-7-2 (Repl. Pamp. 1984) (unlawful carrying of a deadly weapon) on the premise that defendant's knife was a switchblade knife and thus failed to produce evidence adducing that the knife could inflict great bodily harm, I would hold that there was insufficient evidence to convict defendant under Section 30-7-2 as well. For this reason, the merger issue need not be addressed.
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