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STATE v. JOHNSON

No. 5869.

287 P.2d 247 (1955)

60 N.M. 57

STATE of New Mexico, Appellee, v. L. H. JOHNSON, alIas, Bill Johnson, Appellant.

Supreme Court of New Mexico.

Rehearing Denied September 14, 1955.

Attorney(s) appearing for the Case

Lewis C. Kimmel, Roswell, Lon P. Watkins, Carlsbad, on rehearing only, for appellant.

Richard H. Robinson, Atty. Gen., J.A. Smith and C.C. McCulloh, Asst. Attys. Gen., for appellee.

COMPTON, Chief Justice.

The initial opinion filed herein having heretofore been withdrawn by order of the Court, the following is substituted therefor.

Appellant was convicted by a jury in Eddy County of the crime of grand larceny and he appeals, asserting fundamental error. The information reads:

"C.N. Morris, Assistant District Attorney for Eddy County, New Mexico, accuses L.H. Johnson, alias Bill Johnson, of the crime of `Grand Larceny', in that...

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