STATE v. EWING

No. 204.

444 P.2d 1000 (1968)

STATE of New Mexico, Plaintiff-Appellee, v. Jay W. EWING, Defendant-Appellant.

Court of Appeals of New Mexico.

August 30, 1968.


Attorney(s) appearing for the Case

L.J. Maveety, Las Cruces, for appellant.

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


OPINION

WOOD, Judge.

Convicted of murder in the second degree, defendant appeals. He contends evidence as to cause of the victim's death was uncertain and vague and that the trial court erred in submitting the case to the jury. Thus, defendant asserts a lack of substantial evidence as to the cause of death.

We assume, but do not decide, that this question was raised in the trial court and is before us for review. However, see State v. Lee, 78 N.M...

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