(Download) "State v. Magby" by New Mexico Supreme Court * Book PDF Kindle ePub Free
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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