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STATE v. GARCIA

No. 6059.

299 P.2d 467 (1956)

61 N.M. 291

STATE of New Mexico, Plaintiff-Appellee, v. Joe Leandro GARCIA, Jr., Defendant-Appellant.

Supreme Court of New Mexico.

June 20, 1956.

Attorney(s) appearing for the Case

Dean S. Zinn, Frank B. Zinn, Santa Fe, for appellant.

Richard H. Robinson, Atty. Gen., J.A. Smith, Hilario Rubio, Asst. Atty. Gen., Santa Fe, for appellee.

McGHEE, Justice.

The appellant (hereinafter called defendant) was convicted of murder in the second degree for the killing of his first cousin, Leopoldo Adolfo Garcia, following a Saturday night carousal in Espanola, New Mexico, and vicinity.

On Saturday night, June 12, 1954, the defendant, together with the state's principal witness, Gerson Amos Lucero, a minor, and in company with two young girls (one a niece of the defendant), went to a dance in Pojaque...

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