STATE v. GARCIA

No. 5578.

262 P.2d 233 (1953)

57 N.M. 665

STATE v. GARCIA.

Supreme Court of New Mexico.

Rehearing Denied November 5, 1953.


Attorney(s) appearing for the Case

Robert Hoath LaFollette, Albuquerque, for appellant.

Richard H. Robinson, Atty. Gen., William J. Torrington, Asst. Atty. Gen., Fred M. Standley, Asst. Atty. Gen., for appellee.


McGHEE, Justice.

The appellant was convicted of murder in the second degree and sentenced to serve a term of not less than 25 years nor more than 50 years in the penitentiary. We will hereafter refer to him as the defendant.

The killing occurred at a New Years Eve dance in the Armory at Albuquerque, New Mexico, shortly before midnight. The younger brother of the defendant and a companion had been assaulted by some other teen-agers in a suburb of Albuquerque...

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