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STATE v. FERRARI

No. 8636.

460 P.2d 244 (1969)

80 N.M. 714

STATE of New Mexico, Plaintiff-Appellee, v. Carmen FERRARI, Defendant-Appellant.

Supreme Court of New Mexico.

November 3, 1969.

Attorney(s) appearing for the Case

Charles Driscoll, Albuquerque, for defendant-appellant.

James A. Maloney, Atty. Gen., David R. Sierra, Larry N. Smith, Spencer T. King, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

PER CURIAM:

Upon consideration of appellant's motion for rehearing, the original opinion is withdrawn and the following substituted therefor.

OPINION

COMPTON, Justice.

Defendant was convicted of first degree murder and from the judgment imposing sentence, he appeals. The basis for the appeal is that the court committed prejudicial error in admitting evidence obtained by eavesdropping, in admitting...

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