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STATE v. VASQUEZ

No. 738.

492 P.2d 1005 (1971)

83 N.M. 388

STATE of New Mexico, Plaintiff-Appellee, v. Ernesto VASQUEZ, Defendant-Appellant.

Court of Appeals of New Mexico.

December 22, 1971.

Attorney(s) appearing for the Case

H. Gregg Privette, Las Cruces, for appellant.

David L. Norvell, Atty. Gen., Winston Roberts-Hohl, Asst. Atty., Gen., Santa Fe, for appellee.

OPINION

HENDLEY, Judge.

Defendant was charged with and convicted of the crime of aggravated battery contrary to § 40A-3-5, (C) N.M.S.A. 1953 (Supp. 1969). He asserts two points for reversal.

We affirm.

Just prior to the shooting by defendant of Manuel Chavez, Chavez and his wife were standing on the sidewalk outside of the Casa Manana Bar. Chavez had been drinking for about three and a half hours and wanted to continue drinking. His...

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