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STATE v. GROVE

No. 651.

486 P.2d 615 (1971)

82 N.M. 679

STATE of New Mexico, Plaintiff-Appellee, v. Guy Steven GROVE, Defendant-Appellant.

Court of Appeals of New Mexico.

June 11, 1971.

Attorney(s) appearing for the Case

Oliver H. Miles, Las Cruces, for defendant-appellant.

David L. Norvell, Atty. Gen., Ray Shollenbarger, Special Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Judge.

The basic issue in this appeal is whether there is substantial evidence to support defendant's conviction of contributing to the delinquency of a minor. Section 40A-6-3, N.M.S.A. 1953 (Repl.Vol. 6).

Nowhere in the record is the State's theory of "contributing" identified. No bill of particulars was sought; no opening statement was made; the closing arguments were not reported; the instructions do not reveal a theory. In the State...

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