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STATE v. RAMIREZ

No. 8442.

444 P.2d 986 (1968)

79 N.M. 475

STATE of New Mexico, Plaintiff-Appellee, v. Henry RAMIREZ, Defendant-Appellant.

Supreme Court of New Mexico.

September 9, 1968.

Attorney(s) appearing for the Case

Les Houston, Thomas M. Thompson, Albuquerque, for defendant-appellant.

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

OPINION

NOBLE, Justice.

Henry Ramirez has appealed from a life sentence following his conviction of first-degree murder.

He was charged with the felony-murder of L.C. Wiley — that is, the information charged Ramirez with Wiley's murder by committing a battery upon him during the commission of the felony of robbery. Ramirez asserts that the court erred in refusing to instruct on one of his theories of the case — that is, that he was...

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