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STATE v. GONZALES

No. 7970.

430 P.2d 376 (1967)

78 N.M. 218

STATE of New Mexico, Plaintiff-Appellee, v. Charles GONZALES, Defendant-Appellant.

Supreme Court of New Mexico.

July 24, 1967.

Attorney(s) appearing for the Case

Hinkle, Bondurant & Christy, Lewis C. Cox, Jr., Roswell, for appellant.

Boston E. Witt, Atty. Gen., Gary O'Dowd, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

MOISE, Justice.

Defendant complains of his conviction on charges of burglary (§ 40A-16-3, N.M.S.A. 1953) and larceny (§ 40A-16-1, N.M.S.A. 1953). He first contends, relying on Griffin v. State of California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1966), that he was denied due process of law because of instructions to the jury concerning comments made by the district attorney on defendant's failure to...

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