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STATE v. GRAY

No. 154.

444 P.2d 609 (1968)

79 N.M. 424

STATE of New Mexico, Plaintiff-Appellee, v. Jose Robert GRAY, Defendant-Appellant.

Court of Appeals of New Mexico.

August 9, 1968.

Attorney(s) appearing for the Case

Henry G. Coors, Willard F. Kitts, Albuquerque, for appellant.

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

OPINION

OMAN, Judge.

Defendant, who is twenty-one years of age, was convicted of second degree murder. The victim was a two year old girl, who was the youngest of ten children of a woman with whom the defendant had been living and cohabiting for approximately one year.

The death of the child resulted from a beating administered by defendant on April 13, 1967 by striking with clenched fists and kicking the...

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