(DOWNLOAD) "State v. Rhea" by New Mexico Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Rhea
- Author : New Mexico Supreme Court
- Release Date : January 17, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Defendant, Michael Rhea, was convicted in the district court of escape from jail, robbery, and battery upon a peace officer. The Court of Appeals summarily reversed the defendants conviction of battery upon a peace officer, finding that it was improper to prosecute the defendant under Section 30-22-24, N.M.S.A. 1978 (Battery upon a peace officer), when Section 30-22-17, N.M.S.A. 1978 (Assault by a prisoner), was specifically applicable to the facts of this case. The majority also stated that any argument holding a jailer to be "a peace officer is totally without merit." We reverse the Court of Appeals.