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STATE v. SEAL

No. 7929.

415 P.2d 845 (1966)

76 N.M. 461

STATE of New Mexico, Plaintiff-Appellee, v. BILLY James SEAL, Defendant-Appellant.

Supreme Court of New Mexico.

June 27, 1966.

Attorney(s) appearing for the Case

Dewie B. Leach, Hobbs, for appellant.

Boston E. Witt, Atty. Gen., James V. Noble, Asst. Atty. Gen., Santa Fe, for appellee.

CHAVEZ, Justice.

Appellant was convicted by the district court of Lea County, sitting without a jury, of battery upon his wife in violation of § 40A-3-4, N.M.S.A., 1953 Comp. Appellant asserts that the trial court erred in denying his motion for dismissal at the close of the State's case, because there was insufficient evidence to warrant a conviction for the crime of battery.

Appellant's wife testified that...

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