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STATE v. TURNER

No. 360.

468 P.2d 421 (1970)

81 N.M. 450

STATE of New Mexico, Plaintiff-Appellee, v. Ernest TURNER, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied March 16, 1970.

Certiorari Denied April 14, 1970.

Attorney(s) appearing for the Case

Charles G. Berry, McAtee, Marchiondo & Michael, Albuquerque, for defendant-appellant.

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

OPINION

SPIESS, Chief Judge.

The defendant, Ernest Turner, was charged by an amended indictment with the crimes of aggravated burglary (§ 40A-16-4(C), N.M.S.A. 1953), and aggravated battery (§ 40A-3-5(B), N.M.S.A. 1953; now amended, see 1969 pocket supplement to Vol. 6, N.M.S.A. 1953). Trial by a jury resulted in verdicts of guilty as to both charges. This appeal is from the judgment on the verdicts.

A number of points are relied upon for...

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