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STATE v. GRUENDER

No. 663.

491 P.2d 1082 (1971)

83 N.M. 327

STATE of New Mexico, Plaintiff-Appellee, v. Warren GRUENDER, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied December 9, 1971.

Attorney(s) appearing for the Case

David F. Boyd, Jr., Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Ray Shollenbarger, Sp. Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Convicted of burglary defendant appeals, asserting five points for reversal: (1) the prosecuting attorney made an impermissible comment in his opening statement regarding defendant's right to remain silent; (2) there is substantial evidence that the statement given by defendant was not freely and voluntarily given; (3) the statement given did not admit an essential element of the crime charged; (4) it was error to refuse defendant...

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