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MARES v. STATE

No. 9287.

490 P.2d 667 (1971)

83 N.M. 225

Steven MARES, Petitioner, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

November 11, 1971.

Attorney(s) appearing for the Case

Stanley F. Frost, Tucumcari, for petitioner.

David L. Norvell, Atty. Gen., C. Emery Cuddy, Jr., Asst. Atty. Gen., Santa Fe, for respondent.

OPINION

STEPHENSON, Justice.

Petitioner was tried and convicted of entering a dwelling with intent to commit a felony while armed with a deadly weapon. He appealed and the Court of Appeals affirmed. State v. Mares, 82 N.M. 682, 486 P.2d 618 (Ct.App.No. 561, decided May 28, 1971). We granted certiorari and reverse.

Following commission of the crime and on the same day, a juror was present...

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