STATE v. OCHOA

No. 6044.

297 P.2d 1053 (1956)

61 N.M. 225

STATE of New Mexico, Plaintiff-Appellee, v. Valentino Ruben OCHOA, Defendant-Appellant.

Supreme Court of New Mexico.

May 29, 1956.


Attorney(s) appearing for the Case

H. E. Blattman, Las Vegas, for appellant.

Richard H. Robinson, Atty. Gen., Fred M. Standley, Asst. Atty. Gen., A. T. Montoya, Sp. Asst. Atty. Gen., for appellee.


McGHEE, Justice.

The appellant seeks a reversal of his conviction of murder in the second degree because of claimed insufficiency of the evidence to sustain the charge, and a claimed error in the instructions on unavoidable accident or misfortune.

The appellant and the prosecuting witness, Carlos Baca, attended a dance in Tucumcari, New Mexico, where trouble started between them and an innocent bystander was killed. Earlier, the appellant and one Bennie Paiz...

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