OPINION
CARMODY, Chief Justice.
Defendant Marlin G. Smith appeals from a conviction of first degree murder in the shooting death of Roosevelt Pope.
He first urges that the trial court erred in proceeding to impanel a jury without having at least 36 prospective jurors, representing combined regular and emergency petit jury panels, physically present from which to select twelve jurors. He also urges error under § 41-10-2, N.M.S.A., 1953 Comp....
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