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STATE v. SLADE

No. 50.

434 P.2d 700 (1967)

78 N.M. App. 581

STATE of New Mexico, Plaintiff-Appellee, v. Dumas W. SLADE, Defendant-Appellant.

Court of Appeals of New Mexico.

November 17, 1967.

Attorney(s) appearing for the Case

Jack A. Smith and Edwin E. Piper, Jr., Albuquerque, for appellant.

Boston E. Witt, Atty. Gen., Donald W. Miller, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

SPIESS, Judge.

The determinative question on this appeal is whether there was substantial evidence of an unauthorized entry of a dwelling. The defendant appellant was charged and convicted of burglary. As defined in § 40A-16-3, N.M.S.A., 1953, "Burglary consists of the unauthorized entry of any * * * dwelling or other structure, movable or immovable, with the intent to commit any felony or theft therein".

Defendant asserts error in the...

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