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STATE v. ORTEGA

No. 8070.

422 P.2d 353 (1966)

77 N.M. 312

STATE of New Mexico, Plaintiff-Appellee, v. Peter Anthony ORTEGA and Patricio "Pat" Gonzales, Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied November 10, 1966.

Attorney(s) appearing for the Case

Joseph A. Roberts, Santa Fe, for appellants.

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

OPINION

CHAVEZ, Justice.

Defendants-appellants were convicted of aggravated battery in violation of § 40A-3-5, N.M.S.A., 1953 Comp.

Appellants contend that the trial court erred when it denied their motion to set aside the verdict of the jury, because one of the jurors was disqualified by virtue of having been convicted of an infamous crime, to-wit: assault with intent to rape. After hearing arguments of counsel on the motion, the trial court...

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