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STATE v. HILLIARD

No. 445.

467 P.2d 733 (1970)

81 N.M. 407

STATE of New Mexico, Plaintiff-Appellee, v. James Earl HILLIARD, Defendant-Appellant.

Court of Appeals of New Mexico.

March 20, 1970.

Attorney(s) appearing for the Case

Don Hancock, Alamogordo, for defendant-appellant.

James A. Maloney, Atty. Gen., Mark B. Thompson III, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Judge.

The residence of Sgt. Pitts was burglarized sometime between 7:50 P.M. and 9:00 P.M. His color television set was taken. This set was recovered from the trunk of defendant's car about 9:30 P.M. Defendant appeals his conviction of burglary, § 40A-16-3, N.M.S.A. 1953 (Repl.Vol. 6). The issue is the validity of the police officer's action in stopping defendant's car as it was being driven on a public street. We hold the "stop" was...

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