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STATE v. ECKLES

No. 8405.

441 P.2d 36 (1968)

79 N.M. 138

STATE of New Mexico, Plaintiff-Appellee, v. Jerry ECKLES, Defendant-Appellant.

Supreme Court of New Mexico.

May 20, 1968.

Attorney(s) appearing for the Case

Peter M. McDevitt, Gallup, for appellant.

Boston E. Witt, Atty. Gen., Paul J. Lacy, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

CHAVEZ, Chief Justice.

By criminal information filed in the district court of McKinley County, appellant was charged as follows:

"I. That he did violate Section 40A-16-2, N.M.S.A., 1953 Compilation, as amended, in that he did steal monies from Prentis Foster, by use or threatened use of force or violence on or about the 29th day of March 1965, in the County of McKinley, State of New Mexico. "II. That he did violate Section 40A...

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