[DOWNLOAD] "State V. Peterson" by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free

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eBook details

• Title: State V. Peterson
• Author : New Mexico Court of Appeals
• Release Date : January 03, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

This court has previously articulated the test for sufficiency of the evidence in a criminal case. "[W]e must determine whether there is sufficient evidence to justify a rational trier of fact to find beyond a reasonable doubt with respect to every element essential to a conviction." State v. Carter, 93 N.M. 500, 503, 601 P.2d 733, 736 (Ct. App.) cert. denied, 93 N.M. 683, 604 P.2d 821 (1979). Defendant argues that there is insufficient evidence to sustain his conviction, and directs our attention to the claimed absence of evidence. Specifically, defendant argues that fingerprints which should have been on the gun and radio were neither taken nor preserved, and that the state failed to trace the ownership of the weapon. This court does not weigh the evidence, but reviews the record to determine whether the evidence supports a conviction. We must view the evidence in the light most favorable to the prevailing party, resolving all conflicts therein and indulging all permissible inferences in favor of the jury's verdict. State v. Tovar, 98 N.M. 655, 651 P.2d 1299 (1982); State v. Lankford, 92 N.M. 1, 582 P.2d 378 (1978); State v. Lucero, 88 N.M. 441, 541 P.2d 430 (1975).

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