(DOWNLOAD) "State v. Spillmon" by New Mexico Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Spillmon
- Author : New Mexico Supreme Court
- Release Date : January 30, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The defendants in this case were charged with felony murder, aggravated burglary and attempted robbery in the District Court of Curry County. Venue was changed to Tucumcari, Quay County, New Mexico. By stipulation and order, all charges were consolidated and trial was held before a jury beginning on December 15, 1975. The jury returned a verdict of guilty as to "attempted robbery" and not guilty as to "burglary." The jury received an instruction on felony murder but no verdict was reached as to either first degree or second degree murder, the jury having declared that they were deadlocked. These proceedings did not produce an acquittal or a guilty verdict, nor was a hung jury or a mistrial declared. The trial court set the case for retrial on the murder charges and the defendants moved to dismiss on the grounds of double jeopardy. The trial court denied the motion and we reverse.