Supreme Court of New Mexico
644 P.2d 531 (N.M. 1982)
Rosinaldo Quintana (defendant) was charged with the shooting death of Telesfor Lopez. After Lopez was shot, he was taken to the hospital where his lawyer asked him about the shooting. Lopez gave the lawyer details about the shooting that tended to implicate Quintana. Lopez was not told he was going to die, but he knew that he was seriously injured, that his back was broken, and that there was a strong possibility of him dying. Lopez in fact died three hours after giving the statements to his lawyer. The trial court admitted the statements about the shooting as a dying declaration and convicted Quintana. The court of appeals reversed. The prosecution appealed.
Rule of Law
Holding and Reasoning (Riordan, J.)
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