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STATE v. LUNN

No. 259.

456 P.2d 216 (1969)

80 N.M. 383

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

Court of Appeals of New Mexico.

June 6, 1969.

Attorney(s) appearing for the Case

William C. Marchiondo, Joseph D. Beaty, McAtee, Marchiondo & Michael, Albuquerque, for appellant.

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

OPINION

OMAN, Judge.

Defendant was indicted for murder and attempted murder in the first degree. Upon trial by jury, he was convicted of murder in the second degree, in the killing of one Nick Candelaria, and of attempted murder in the second degree, in the shooting of Mrs. Candelaria. Defendant appeals from the judgment of conviction entered pursuant to the jury verdicts.

One point is determinative of this appeal and requires a reversal and remand...

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