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Criminal Law Keyed to Kennedy
State v. Ochoa
Citation:
41 N.M. 589 (1937)Facts
A sheriff, accompanied by several deputies, left the jail with a prisoner, Navarro, to go to the office of the Justice of the Peace. Arriving there, they found the justice engaged in the hearing of another matter and were compelled to await the conclusion of that hearing. Soon after they arrived a crowd of approximately 125 people, included in which were many women and children, gathered on the sidewalk and in the street in front of the office of the justice of the peace. The crowd was made up largely of friends of the Navarro.
In an attempt to free Navarro, someone threw a tear gas bomb and someone else pulled out a gun and shot at the sheriffs. A sheriff was killed. Three people, Juan Ochoa, Leandro Velarde, and Manuel Avitia, were convicted of murder in the second degree. They appealed.
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8m 43s