[DOWNLOAD] "State V. Ortega" by New Mexico Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: State V. Ortega
- Author : New Mexico Court of Appeals
- Release Date : January 14, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Convicted of battery upon a peace officer contrary to NMSA 1978, Section 30-22-24 (Repl. Pamp. 1984), Defendant appeals. He raises two issues. First, Defendant claims that since the uncontradicted evidence shows that he never touched the person of the peace officer -- only grabbed or knocked a flashlight out of the officer's hand -- substantial evidence does not support a conviction of battery upon a peace officer. Second, and closely related to the first issue, Defendant claims that the trial court erred in giving a jury instruction defining the crime of battery upon a peace officer to include knocking or taking of a flashlight from the hand of the officer. We answer these contentions as follows: First, there was direct evidence from the officer that blows were exchanged between Defendant and the officer which, if believed, would support direct touching or application of force to the person of the peace officer. Second, even if the jury did not believe that there was direct touching or application of force by the exchange of blows, nevertheless, the grabbing or knocking of the flashlight from the hand of the officer, which Defendant admits he did, suffices as intentional touching or application of force to the person of the peace officer. The instruction correctly described the crime. Therefore, we affirm Defendant's conviction.