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STATE v. LA RUE

No. 6671.

353 P.2d 367 (1960)

67 N.M. 149

STATE of New Mexico, Plaintiff-Appellee, v. Hawley N. LA RUE, Defendant-Appellant.

Supreme Court of New Mexico.

June 10, 1960.

Attorney(s) appearing for the Case

McAtee, Toulouse & Marchiondo, Albuquerque, for appellant.

Hilton A. Dickson, Jr., Atty. Gen., Hilario Rubio, Carl P. Dunifon, Asst. Attys. Gen., for appellee.

COMPTON, Justice.

This cause was tried to the court without a jury, and the appeal is from a judgment finding appellant "guilty of operating a game of chance for money or thing of value, contrary to Section 40-22-2, N.M.S.A. 1953 Compilation." The information upon which appellant was brought to trial, however, charged that "he did unlawfully * * * operate a game of chance for money or thing of value" in violation of the provisions of § 40-22-1, 1953 Comp.

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