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STATE v. HITTSON

No. 5554.

254 P.2d 1063 (1953)

57 N.M. 100

STATE v. HITTSON.

Supreme Court of New Mexico.

March 17, 1953.

Attorney(s) appearing for the Case

Manford W. Rainwater, Tucumcari, for appellant.

Joe L. Martinez, Atty. Gen. and Hilario Rubio, Asst. Atty. Gen., for appellee.

McGHEE, Justice.

The appellant seeks a reversal of his conviction for incest on the ground the evidence of the prosecution showed him to be guilty of rape and not incest.

The statute under which the appellant was prosecuted is Sec. 41-703, 1941 Comp., which reads:

"Persons within the following degrees of consanguinity, to wit: Parents and children, including grandparents and grandchildren of every degree, brothers and sisters of the half as well as...

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