(DOWNLOAD) "State v. Torres" by New Mexico Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Torres
- Author : New Mexico Supreme Court
- Release Date : January 03, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
APPEAL FROM THE DISTRICT COURT OF CHAVES COUNTY Alvin F. Jones, District Judge OPINION {1} Defendant Jerry Torres appeals his convictions of first degree depraved-mind murder, see NMSA 1978, § 30-2-1(A)(3) (1994), aggravated battery with a firearm (two counts), see NMSA 1978, § 30-3-5(C) (1969), aggravated assault with a firearm (three counts), see NMSA 1978, § 30-3-2(A) (1963), and shooting at a dwelling or occupied building, see NMSA 1978, § 30-3-8(A) (1993), each of which was obtained following a jury trial. Defendant Torres contends on appeal that the trial court erred in admitting the out-of-court statement of a prosecution witness. We affirm. I. Facts {2} On the night of December 31, 1995, Defendant Torres attended a New Year's Eve party (the South Spruce party) in Roswell, New Mexico. Sometime before midnight, occupants of a passing car fired several gunshots in the direction of the South Spruce party. Shortly thereafter, several individuals from the South Spruce party drove to another party (the West Deming party) several blocks away, and two people, one with a shotgun and one with a nine-millimeter pistol, fired into a crowd standing in the front yard. The latter shooting resulted in the death of Robert Bonilla and injuries to Elizabeth Galindo and Billy Ray Castillo. Police later learned that a nine-millimeter gun caused the death and the injuries to these individuals. The State accused Defendant Torres of firing the nine-millimeter gun into the crowd and charged him with, inter alia, depraved-mind murder.
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