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STATE v. POPE

No. 42.

430 P.2d 779 (1967)

78 N.M. App. 282

STATE of New Mexico, Plaintiff-Appellee, v. Clem Eugene POPE, Defendant-Appellant.

Court of Appeals of New Mexico.

July 14, 1967.

Attorney(s) appearing for the Case

Calvin R. Neumann, Clovis, for appellant.

Boston E. Witt, Atty. Gen., Edward R. Pearson, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

HENSLEY, Jr., Judge.

A grand jury in Curry County returned an indictment accusing two individuals with an attempt to commit a felony. The criminal statutes involved here are § 40A-28-1 and 40A-9-2, N.M.S.A. 1953. A petit jury found both defendants guilty. Following sentence one defendant brings this appeal.

Prior to trial, the appellant filed a motion for a severance on the ground of anticipated...

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