STATE v. GUTIERREZ

No. 165.

449 P.2d 334 (1968)

79 N.M. 732

STATE of New Mexico, Plaintiff-Appellee, v. Ronnie GUTIERREZ, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied December 27, 1968.

Certiorari Denied January 21, 1969.


Attorney(s) appearing for the Case

Charles G. Berry, McAtee, Marchiondo & Michael, Albuquerque, for defendant-appellant.

Boston E. Witt, Atty. Gen., Gary O'Dowd, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

ARMIJO, Judge.

Appellant Ronnie Gutierrez was tried and convicted of the crime of aggravated assault.

The undisputed facts are that a family passing through Tucumcari stopped overnight and while taking an evening stroll fell victims of an unprovoked attack by four assailants. One received several wounds of the type normally inflicted by a knife. Appellant and his brother Dickie were informed against, tried jointly and were convicted. They...

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