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STATE v. DURAN

No. 303.

456 P.2d 880 (1969)

STATE of New Mexico, Plaintiff-Appellee, v. Jake DURAN, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied June 24, 1969.

Attorney(s) appearing for the Case

Thomas A. Sandenaw, Charles W. Durrett, Durrett & Conway, Alamogordo, for appellant.

James A. Maloney, Atty. Gen., Vince D'Angelo, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

WOOD, Judge.

Defendant was convicted on two charges of aggravated battery. His appeal asserts the trial court erred in: (1) failing to submit a form of verdict covering the defense of insanity at the time the offenses were committed and (2) failing to instruct on lesser included offenses.

Section 41-13-3, N.M.S.A. 1953 (Repl. Vol. 6, Supp. 1967) states in part:

"When the defense of `not guilty by reason of insanity at the time of...

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