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STATE v. LINDWOOD

No. 132.

444 P.2d 766 (1968)

79 N.M. 439

STATE of New Mexico, Plaintiff-Appellee, v. Morris LINDWOOD, Defendant-Appellant.

Court of Appeals of New Mexico.

August 9, 1968.

Attorney(s) appearing for the Case

James D. Durham, Jr., Esther L. Smith, Clovis, for appellant.

Boston E. Witt, Atty. Gen., David R. Sierra, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

SPIESS, Chief Judge.

Morris Lindwood was tried to a jury and convicted of unauthorized entry with intent to commit theft in violation of § 40A-16-3, N.M.S.A. 1953. At the close of the evidence the trial court instructed the jury and final argument commenced. During the course of the state's closing arguments reference was made to an instruction on impeachment. Appellant moved for a mistrial on the ground that the state was arguing on an instruction...

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