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STATE v. ROGERS

No. 248.

453 P.2d 593 (1969)

80 N.M. 230

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

Court of Appeals of New Mexico.

April 4, 1969.

Attorney(s) appearing for the Case

Michael T. Garrett, Clovis, for appellant.

James A. Maloney, Atty. Gen., Ray Shollenbarger, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

WOOD, Judge.

The appeal concerns (1) the refusal of a witness to answer during cross-examination and (2) inconsistent verdicts.

The jury convicted defendant of unlawfully taking a vehicle contrary to § 64-9-4, N.M.S.A.1953 (Repl.Vol. 9, pt. 2). Defendant was acquitted of three burglary charges.

An acquaintance of defendant, Alan Costa, was called as a witness by the State. On direct examination Costa testified that he had pled...

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