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STATE v. ANDRADA

No. 555.

484 P.2d 763 (1971)

82 N.M. 543

STATE of New Mexico, Plaintiff-Appellee, v. Luis P. ANDRADA and Joseph B. Baca, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari Denied April 21, 1971.

Attorney(s) appearing for the Case

William W. Bivins, Las Cruces, for appellant Andrada.

Neil E. Weinbrenner, Las Cruces, for appellant Baca.

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

OPINION

WOOD, Judge.

Convicted of aggravated burglary, § 40A-16-4, N.M.S.A. 1953 (Repl.Vol. 6), defendants appeal. The issues concern: (1) severance; (2) lesser included offenses; (3) evidence of intent; (4) the instruction on intent; and (5) the failure to strike an allegedly unresponsive and prejudicial answer of a witness.

Motion for severance.

Both defendants moved for a severance. Baca's motion claimed that his defense...

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