STATE v. McAFEE

No. 8111.

428 P.2d 647 (1967)

78 N.M. 108

STATE of New Mexico, Plaintiff-Appellee, v. Monroe McAFEE, Defendant-Appellant.

Supreme Court of New Mexico.

June 12, 1967.


Attorney(s) appearing for the Case

Milford D. Estill, J.S. McCall, Carlsbad, for appellant.

Boston E. Witt, Atty. Gen., James V. Noble, Paul J. Lacy, Asst. Attys. Gen., Santa Fe, for appellee.


OPINION

WOOD, Judge.

The issues are: (1) sufficiency of the evidence, (2) failure to instruct, (3) the sentence imposed and (4) rights under the Fifth and Sixth Amendments to the United States Constitution.

A window in a jewelry store was broken with a rock and boxes containing rings were taken from the window. A jury convicted defendant of burglary (§ 40A-16-3, N.M.S.A. 1953) and larceny of property valued in excess of $100.00 (§ 40A-16...

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