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STATE v. JUSTUS

No. 5897.

334 P.2d 1104 (1959)

65 N.M. 195

STATE of New Mexico, Defendant-in-Error, v. Milton Carl JUSTUS, Plaintiff-in-Error.

Supreme Court of New Mexico.

Rehearing Denied February 18, 1959.

Attorney(s) appearing for the Case

O. Russell Jones, Jack Smith, Santa Fe, for plaintiff in error.

Fred M. Standley, Atty. Gen., Robert F. Pyatt, Fred M. Calkins, Jr., Asst. Attys. Gen., for defendant in error.

CARMODY, Justice.

The appellant (hereafter called the defendant) was convicted of first degree murder. The trial jury recommended clemency and thereafter the defendant was given a life sentence in the penitentiary. The circumstances of the offense were that on January 8, 1954, the deceased, Edward G. Meyer, and the defendant appeared at the Tucumcari General Hospital in Tucumcari, New Mexico, and the deceased was given a shot of penicillin because he had a cold. At...

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