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STATE v. APODACA

No. 268.

453 P.2d 764 (1969)

80 N.M. 244

STATE of New Mexico, Plaintiff-Appellee, v. Manuel APODACA, Defendant-Appellant.

Court of Appeals of New Mexico.

April 11, 1969.

Attorney(s) appearing for the Case

Norman D. Bloom, Jr., Alamogordo, for defendant-appellant.

James A. Maloney, Atty. Gen., Justin Reid, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Judge.

Defendant was convicted of sexual assault upon a four year old female child. Section 40A-9-9, N.M.S.A.1953 (Repl.Vol. 6). The issues are: (1) whether defendant was entitled to a free transcript of a preliminary hearing, (2) whether testimony as to the child's statements was admissible under the res gestae rule and, (3) fundamental error.

Whether defendant was entitled to a free transcript...

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