STATE v. WALSH

No. 353.

463 P.2d 41 (1969)

81 N.M. 65

STATE of New Mexico, Plaintiff-Appellee, v. Charles P. WALSH, Defendant-Appellant.

Court of Appeals of New Mexico.

December 12, 1969.


Attorney(s) appearing for the Case

William H. Carpenter, Albuquerque, for defendant-appellant.

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


OPINION

HENDLEY, Judge.

Convicted of armed robbery, (§ 40A-16-2, N.M.S.A. 1953 (Repl. Vol. 6)) defendant appeals raising six points for reversal. Defendant's second part of the first point is dispositive of the appeal. We reverse for the reasons hereinafter stated.

Defendant contends in his first point that:

"THE TRIAL COURT ERRED IN REFUSING TO QUASH THE INDICTMENT FOR FAILURE TO INCLUDE AN ESSENTIAL ELEMENT OF THE CRIME CHARGED AND FOR...

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