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STATE v. GARCIA

No. 8252.

429 P.2d 334 (1967)

78 N.M. 136

STATE of New Mexico, Plaintiff-Appellee, v. Richard GARCIA, Defendant-Appellant.

Supreme Court of New Mexico.

June 19, 1967.

Attorney(s) appearing for the Case

Nils T. Kjellstrom, Albuquerque, for appellant.

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

OPINION

WOOD, Judge, Court of Appeals.

Defendant was convicted and sentenced for rape. His appeal raises issues concerning: (1) the rape for which he was convicted, (2) his competency to stand trial, (3) venue and (4) admission of testimony concerning defendant's previous record.

We have two statutes on rape. The applicable portion of § 40A-9-2, N.M.S.A. 1953, states:

"Rape consists of a male causing a female other than his wife to...

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