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STATE v. MILTON

No. 349.

460 P.2d 257 (1969)

80 N.M. 727

State of New Mexico, Plaintiff-Appellee, v. Harold MILTON, Defendant-Appellant.

Court of Appeals of New Mexico.

October 10, 1969.

Attorney(s) appearing for the Case

Daniel Sosa, Jr., Sosa & Garza, Las Cruces, for appellant.

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

OPINION

SPIESS, Chief Judge.

Convicted of armed robbery (§ 40A-16-2, N.M.S.A., 1953, defendant, Harold Milton, has appealed and claims that prejudicial error occurred in (1) the refusal of the trial court to postpone the proceedings so as to accord him the opportunity to produce a material witness, and (2) the denial of his motion for a new trial.

One evening two men entered and robbed a certain drugstore. A proprietor identified defendant,...

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