State v. Vaughn
| Decision Date | 01 February 1971 |
| Docket Number | No. 9031,9031 |
| Citation | 481 P.2d 98,82 N.M. 310,1971 NMSC 15 |
| Parties | STATE of New Mexico, Plaintiff-Appellee, v. Marvin VAUGHN, Defendant-Appellant. |
| Court | New Mexico Supreme Court |
Defendant appeals from a conviction of murder, alleging that the District Court of Hidalgo County did not have jurisdiction to try his case; that because the lower court proceedings were not based upon a grand jury indictment, they violated the defendant's Fifth and Fourteenth Amendment rights; that the defendant was prejudiced by the introduction of a psychiatrist's rebuttal testimony contrary to certain of his constitutional and evidentiary rights, and that there was no substantial evidence supporting findings of fact made by the trial judge concerning his denial of a request for change of venue.
The defendant alleged that the district court did not have jurisdiction because he did not waive his right to be charged by grand jury indictment, instead being proceeded against by criminal information filed by the district attorney. However, this contention was settled in State v. Sanders, 82 N.M. 61, 475 P.2d 327 (1970), where this Court stated:
'Article II, § 14, New Mexico Constitution, provides for presentment or indictment by a grand jury or information filed by the district attorney or attorney general.' (Emphasis ours.)
Because the lower court proceedings need not have been based upon a grand jury indictment, as discussed above, but could properly be based upon an information, the defendant's rights under the Fifth and Fourteenth Amendments to the United States Constitution were not violated.
The defendant's primary contention lies in the alleged inadmissibility of a psychiatrist's testimony concerning the veracity of the defendant in claiming a loss of memory. The defendant claimed a loss of memory during the time of the alleged events. To rebut this testimony the State put forth the expert testimony of a psychiatrist who examined the defendant and who stated his opinion that ...
To continue reading
Request your trial
-
State v. Atwood, 685
...conflicting evidence, it is within the discretion of the trial court to grant or deny the motion for change of venue. State v. Vaughn, 82 N.M. 310, 481 P.2d 98 (1971), cert. denied, 403 U.S. 933, 29 L.Ed.2d 712, 91 S.Ct. 2262 (1971). Defendant contends the trial court abused its discretion ......
-
State v. Aguirre, 9490
... ... The trial court's finding and order are supported by substantial evidence. Therefore, it was within the trial court's discretion to deny the motion. State v. Vaughn, 82 N.M. 310, 481 P.2d 98 (1971); McCauley v. Ray, 80 N.M. 171, 453 P.2d 192 (1968); State v. Jones, 52 N.M. 118, 192 P.2d 559 (1948); State v. Atwood, 83 N.M. 416, 492 P.2d 1279 (Ct.App.1971) ... [84 NM 378] ... Defendant next claims error on the part of the trial court in ... ...
-
State v. Muise
...to prosecute by either an information or by grand jury indictment. State v. Peavler, 88 N.M. 125, 537 P.2d 1387 (1975); State v. Vaughn, 82 N.M. 310, 481 P.2d 98, cert. denied, 403 U.S. 933, 91 S.Ct. 2262, 29 L.Ed.2d 712 (1971); State v. Reyes, 78 N.M. 527, 433 P.2d 506 (Ct.App.1967). Distr......
-
State v. Ellis
... ... No question has been raised as to the qualifications of the expert witness in this case; the tendered testimony would have assisted the jury in resolving the issue of self-defense ... State v. Vaughn, 82 N.M. 310, 481 P.2d 98 (1971), cert. denied,403 U.S. 933, 91 S.Ct. 2262, 29 L.Ed.2d 712 (1971) upheld the admission into evidence of a psychiatrist's testimony as to the mental state of defendant as it concerned his alleged loss of memory. Compare, State v. Chambers, 84 N.M. 309, 502 P.2d 999 ... ...