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STATE v. HERRING

No. 7977.

421 P.2d 767 (1966)

77 N.M. 232

STATE of New Mexico, Plaintiff-Appellee, v. John Fredrick HERRING, Defendant-Appellant.

Supreme Court of New Mexico.

December 27, 1966.

Attorney(s) appearing for the Case

Harry L. Patton, Clovis, for appellant.

Boston E. Witt, Atty. Gen., Gary O. O'Dowd, Asst. Atty. Gen., Santa Fe, for appellee.

PER CURIAM.

Upon consideration of the motion for rehearing, the original opinion heretofore filed is withdrawn and the following substituted therefor.

OPINION

CHAVEZ, Justice.

Appellant was convicted by a jury of unauthorized entry in violation of § 40A-16-3, N.M.S.A., 1953 Comp., and judgment and sentence were entered accordingly.

In the early morning of April 14, 1965, a Clovis police...

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