STATE v. BURK

No. 563.

483 P.2d 940 (1971)

82 N.M. 466

STATE of New Mexico, Plaintiff-Appellee, v. Michael John BURK, Defendant-Appellant.

Court of Appeals of New Mexico.

February 19, 1971.


Attorney(s) appearing for the Case

Leon Taylor, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Thomas L. Dunigan, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Judge.

Defendant appeals his conviction of two armed robberies. Section 40A-16-2, N.M.S.A. 1953 (Repl.Vol. 6). The issues concern: (1) absence of a preliminary hearing; (2) asserted lack of a valid waiver in connection with his incriminating statement; (3) asserted inadequacy of the trial court's determination as to admissibility of the statement; and (4) a "shotgun" instruction.

Absence of preliminary hearing.

Under...

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