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STATE v. GUNTHORPE

No. 374.

469 P.2d 160 (1970)

STATE of New Mexico, Plaintiff-Appellee, v. Wendell D. GUNTHORPE, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied April 13, 1970.

Certiorari Denied May 12, 1970.

Attorney(s) appearing for the Case

Lorenzo E. Tapia, Thomas L. Marek, Albuquerque, for appellant.

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

OPINION

SPIESS, Chief Judge.

Defendant, Wendell D. Gunthorpe, was charged in the District Court of Bernalillo County by an indictment in two counts of the crimes (1) attempt to commit a felony, namely, murder, § 40A-28-1, N.M.S.A. 1953, and (2) aggravated assault, § 40A-3-2 (A), N.M.S.A. 1953. Trial to a jury resulted in a conviction as to both counts.

Appeal has been taken from the judgment upon the verdicts. Some of the points relied...

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