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STATE v. ROBBINS

No. 8306.

427 P.2d 10 (1967)

77 N.M. 644

STATE of New Mexico, Plaintiff-Appellee, v. Harry Edgar ROBBINS, Defendant-Appellant.

Supreme Court of New Mexico.

May 1, 1967.

Attorney(s) appearing for the Case

James M.H. Cullender, Thomas B. Forbis, Roswell, for appellant.

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

OPINION

OMAN, Judge, Court of Appeals.

The defendant was informed against and prosecuted on a charge of armed robbery. At the trial the State had adduced evidence from six witnesses, but had not rested its case, when the court announced a trial recess.

Following the recess, but before the jury had been returned to the courtroom, the assistant district attorney who was handling the prosecution, informed the court that he believed Mr. Snead [court...

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