{
  "id": 5331679,
  "name": "STATE of New Mexico, Plaintiff-Appellee, v. Leroy WOODS, Defendant-Appellant",
  "name_abbreviation": "State v. Woods",
  "decision_date": "1971-03-19",
  "docket_number": "No. 630",
  "first_page": "449",
  "last_page": "450",
  "citations": [
    {
      "type": "official",
      "cite": "82 N.M. 449"
    },
    {
      "type": "parallel",
      "cite": "483 P.2d 504"
    }
  ],
  "court": {
    "name_abbreviation": "N.M. Ct. App.",
    "id": 9025,
    "name": "Court of Appeals of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [
    {
      "cite": "79 N.M. 43",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        2740693
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/nm/79/0043-01"
      ]
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  "last_updated": "2023-07-14T17:16:32.756560+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "SPIESS, C. J., and WOOD, J., concur."
    ],
    "parties": [
      "STATE of New Mexico, Plaintiff-Appellee, v. Leroy WOODS, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "OPINION\nSUTIN, Judge. \u25a0\nWoods was indicted and convicted of aggravated assault under \u00a7 40A-3-2, subd. A, N.M.S.A. 1953 .(Repl. Vol. 6), which reads in part:\n\u201cAggravated assault consists of unlawfully assaulting * * '* another with a deadly weapon;\u201d\nWoods appeals. We affirm.\nDuring an argument over Woods\u2019 conduct in another\u2019s home, Woods pulled a lo\u00e1d\u00e9d gun out of his hip pocket, pointed it at the male prosecuting witness and said, \u201cI will kill you now.\u201d The prosecuting witness immediately jumped up and ran from the home.\nWoods contends there is no evidence that a crime, as defined by the court\u2019s instructions, was committed, and that the verdict is contrary to the weight of the evidence.\nThe trial court, as a means of definition, instructed the jury that \u201c \u2018Assault\u2019 consists of an attempt to commit a battery upon .the pei;son of another.\u201d This is the definition of \u201cassault\u201d under \u00a7 40A-3-1, subd. A, N.M.S.A. 1953 (Repl. Vol. 6). The trial court also instructed the jury that \u201c \u2018Unlawful\u2019 means contrary to law and without legal excuse or justification,\u201d and that the state must prove beyond a reasonable doubt \u201cthat Leroy Woods intentionally assaulted\u201d the prosecuting witness. There were no objections to the instructions.\nIn State v. Anaya, 79 N.M. 43, 439 P.2d 561 (Ct.App.1968), this court held that Anaya holding a gun, pointing it at two men, and asking for money, was sufficient to sustain a conviction of aggravated assault. Woods\u2019 conduct with a deadly weapon also falls within the definition of an unlawful assault as defined by the court.\nIn contending the verdict is contrary to the weight of the evidence, defendant points out that assault was defined as an attempt to commit a battery. He claims there is no evidence that' he \u201cattempted\u201d a battery, which is defined in \u00a7 40A-3-4, N.M.S.A. 1953 (Repl. Vol. 6) as -\u201cthe unlawful, intentional touching or application of force to the person of another, when done -in a rude, insolent, or angry manner.\u201d\nThe evidence supporting the conviction is that defendant pulled the loaded gun from his pocket and made the threat to kill after the complaining witness told defendant to desist from fondling the complaining witness\u2019 girl friend. This is .substantial evidence of an attempt to apply force in either an insolent or angry manner.\nThe judgment and sentence are affirmed.\nIt is so ordered.\nSPIESS, C. J., and WOOD, J., concur.",
        "type": "majority",
        "author": "SUTIN, Judge. \u25a0"
      }
    ],
    "attorneys": [
      "Leslie A. Williams, Tharp, Tharp & Williams, Clovis, for defendant-appellant.",
      "David L. Norvell, Atty. Gen., Santa Fe, John A. Darden, Asst. Atty. Gen., for plaintiff-appellee."
    ],
    "corrections": "",
    "head_matter": "483 P.2d 504\nSTATE of New Mexico, Plaintiff-Appellee, v. Leroy WOODS, Defendant-Appellant.\nNo. 630.\nCourt of Appeals of New Mexico.\nMarch 19, 1971.\nLeslie A. Williams, Tharp, Tharp & Williams, Clovis, for defendant-appellant.\nDavid L. Norvell, Atty. Gen., Santa Fe, John A. Darden, Asst. Atty. Gen., for plaintiff-appellee."
  },
  "file_name": "0449-01",
  "first_page_order": 505,
  "last_page_order": 506
}