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STATE v. RAEL

No. 481.

474 P.2d 83 (1970)

81 N.M. 791

STATE of New Mexico, Plaintiff-Appellee, v. Gilbert RAEL, Defendant-Appellant.

Court of Appeals of New Mexico.

August 14, 1970.

Attorney(s) appearing for the Case

George H. Perez, Albuquerque, for defendant-appellant.

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

OPINION

WOOD, Judge.

Defendant appeals his conviction of sodomy and aggravated assault. Sections 40A-9-6 and 40A-3-2, N.M.S.A. 1953 (Repl. Vol. 6). There are two issues: (1) the refusal to suppress defendant's statement and (2) a refused instruction.

Refusal to suppress statement.

Defendant made a statement to the police that, in effect, was a confession. He moved to suppress the statement prior to trial. The trial court held an...

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