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STATE v. ORTEGA

No. 7976.

419 P.2d 219 (1966)

77 N.M. 7

STATE of New Mexico, Plaintiff-Appellee, v. Tobias ORTEGA and Raymond Patterson, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied October 25, 1966.

Attorney(s) appearing for the Case

Jack A. Smith, Albuquerque, Dean S. Zinn, Santa Fe, for appellants.

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

OPINION

MOISE, Justice.

On October 16, 1961, Lucille Bruce was killed by a gunshot wound in the chest. Appellant Tobias Ortega was convicted of murder in the first degree and appellant Raymond Patterson was convicted of murder in the second degree for her killing.

Seven points relied on for reversal are presented, only two of which apply to both defendant Patterson and defendant Ortega. These points will be considered first, followed by discussion...

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