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STATE v. POHL

No. 2607.

554 P.2d 984 (1976)

89 N.M. 523

STATE of New Mexico, Plaintiff-Appellee, v. Erma POHL, Defendant-Appellant.

Court of Appeals of New Mexico.

September 14, 1976.

Attorney(s) appearing for the Case

Jan A. Hartke, Acting Chief Public Defender, Don Klein, Asst. App. Defender, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Paquin M. Terrazas, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Convicted of battery upon a peace officer contrary to § 40A-22-23, N.M.S.A. 1953 (2d Repl.Vol. 1972) defendant appeals. She claims that the trial court erred in not conducting an in camera inspection of the internal affairs file on the arresting officer to determine whether those files contain matters material and relevant to the defense before quashing her subpoena duces tecum to obtain those files. We agree.<...

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