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STATE v. PHILLIPS

No. 37.

432 P.2d 116 (1967)

78 N.M. App. 405

STATE of New Mexico, Plaintiff-Appellant, v. Gary Grant PHILLIPS, Defendant-Appellee.

Court of Appeals of New Mexico.

September 15, 1967.

Attorney(s) appearing for the Case

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

Tom W. Neal, Hobbs, for appellee.

OPINION

WOOD, Judge.

The trial court quashed the criminal information. The State appeals under § 21-2-1(5) (4), N.M.S.A. 1953. Since the appeal must be dismissed, we do not reach the merits.

On August 5th, after hearing argument, the trial court announced that the information would be quashed.

On August 18th the State filed a notice of appeal. The notice states that an appeal is taken "from the order quashing Information filed in this...

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