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STATE v. LUCERO

No. 117.

440 P.2d 806 (1968)

79 N.M. 131

STATE of New Mexico, Plaintiff-Appellee, v. Gilbert LUCERO, Defendant-Appellant.

Court of Appeals of New Mexico.

April 19, 1968.

Attorney(s) appearing for the Case

Robert M. St. John, Albuquerque, for appellant.

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

OPINION

WOOD, Judge.

Convicted of burglary, defendant appeals. He contends the grand jury indictment (1) erroneously stated the place of the offense and (2) erroneously named the owner of the residence which was burglarized. On this basis defendant asserts the indictment was fatally defective.

The indictment charged defendant with burglary contrary to § 40A-16-3, N.M.S.A. 1953. Under § 41-6-7, N.M.S.A. 1953, an indictment is valid and sufficient...

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