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STATE v. JARAMILLO

No. 607.

484 P.2d 768 (1971)

82 N.M. 548

STATE of New Mexico, Plaintiff-Appellee, v. Pat JARAMILLO, Defendant-Appellant.

Court of Appeals of New Mexico.

April 16, 1971.

Attorney(s) appearing for the Case

Walter F. Wolf, Jr., Schuelke & Wolf, Gallup, for appellant.

David L. Norvell, Atty. Gen., John Darden, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

SPIESS, Chief Judge.

Defendant was convicted of aggravated battery (§ 40A-3-5(A) (C), N.M.S.A. 1953 (1969 Supp.)), and has appealed contending that the trial court erred in denying his motion for a continuance based upon the ground that a particular witness could not be located for service of a subpoena, and, further, in refusing to give certain tendered instructions relating to lesser included offenses. We affirm.

The statute, §...

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