{
  "id": 2772144,
  "name": "STATE of New Mexico, Plaintiff-Appellee, v. Raymond Madrid VALLES, Defendant-Appellant",
  "name_abbreviation": "State v. Valles",
  "decision_date": "1972-06-09",
  "docket_number": "No. 840",
  "first_page": "1",
  "last_page": "2",
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      "cite": "84 N.M. 1"
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      "cite": "498 P.2d 693"
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  "court": {
    "name_abbreviation": "N.M. Ct. App.",
    "id": 9025,
    "name": "Court of Appeals of New Mexico"
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    "name_long": "New Mexico",
    "name": "N.M."
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      "year": 1966,
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      "reporter": "N.M.",
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  "last_updated": "2023-07-14T17:55:55.751115+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "WOOD, C. J., and SUTIN, J., concur."
    ],
    "parties": [
      "STATE of New Mexico, Plaintiff-Appellee, v. Raymond Madrid VALLES, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "OPINION\nHENDLEY, Judge.\nConvicted of aggravated battery (\u00a7 40A-3-5, N.M.S.A.1953 (Repl.Vol.1964, Supp. 1971), defendant appeals asserting there was no substantial evidence of intent to support the conviction.\nWe affirm.\nSection 40A-3-5, supra, states in part that:\n\u201cAggravated battery consists of the unlawful touching or application of force to the person of another with intent to injure that person or another. . .\nIntent to injure is required by the statute. See State v. Vasquez, 83 N.M. 388, 492 P.2d 1005 (Ct.App.1971). Intent to injure need not be established by direct evidence but may be inferred from conduct and the surrounding circumstances. See State v. Montoya, 77 N.M. 129, 419 P.2d 970 (1966).\nIn viewing the evidence and the reasonable inferences that flow therefrom in the light most favorable to support the verdict (State v. Gregg, 83 N.M. 397, 492 P.2d 1260 (Ct.App.1972)) the testimony of the victim discloses the following:\n\u201cA. I don\u2019t know, he was too drunk. Anyway I thought he was too drunk. Anyway, something was wrong with me \u2014 not with me, it was everybody and then he told me to step outside with him, he was going to let me have it, he was going to kill me in other words. I said no. He said if I wouldn\u2019t step outside he would just let me have it right there. So I said if you\u2019re going to let me have it here, step outside, so I went outside and he put his hands in his pocket, I tried to grab him and I went down on my knees and when he turned around he went about 25 feet away and when I turned around he shot me. I felt a shot, I didn\u2019t see him shoot me. At that moment I fell about five feet towards his car and I tried to get ahold of the car to hide myself.\n\u201cQ. Was there a car there?\n\u201cA. Yeah, just on the sidewalk, quite a few cars there.\n\u201cQ. Yes, sir?\n\u201cA. Then my mother was coming. When my mother, he told me something.\n\u201cQ. He said something to your mother?\n\u201cA. No, she said something to him and then he pointed the gun at my mother, I was looking at them and then I yelled at him, start cussing him out, I told him not to shoot her.\n\u201cQ. This was after you had been hit once?\n\u201cA. That\u2019s right, and then when he still saw me holding up, still standing by his car, he shoot [sic] me again after that and it came through this side and through here (indicating).\u201d\nThe foregoing is substantial evidence of an intent to injure.\nAffirmed.\nIt is so ordered.\nWOOD, C. J., and SUTIN, J., concur.",
        "type": "majority",
        "author": "HENDLEY, Judge."
      }
    ],
    "attorneys": [
      "Philip W. Steere, Las Cruces, for appellant.",
      "David L. Norvell, Atty. Gen., Thomas L. Dunigan, Asst. Atty. Gen., Santa Fe, for appellee."
    ],
    "corrections": "",
    "head_matter": "498 P.2d 693\nSTATE of New Mexico, Plaintiff-Appellee, v. Raymond Madrid VALLES, Defendant-Appellant.\nNo. 840.\nCourt of Appeals of New Mexico.\nJune 9, 1972.\nPhilip W. Steere, Las Cruces, for appellant.\nDavid L. Norvell, Atty. Gen., Thomas L. Dunigan, Asst. Atty. Gen., Santa Fe, for appellee."
  },
  "file_name": "0001-01",
  "first_page_order": 157,
  "last_page_order": 158
}