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STATE v. DURHAM

No. 689.

491 P.2d 1161 (1971)

83 N.M. 350

STATE of New Mexico, Plaintiff-Appellee, v. Timothy P. DURHAM, Defendant-Appellant.

Court of Appeals of New Mexico.

December 3, 1971.

Attorney(s) appearing for the Case

John V. Coan, Jack L. Love, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Jay F. Rosenthal, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Convicted of murder in the second degree defendant appeals. He asserts seven points for reversal. The second point involving an instruction on involuntary manslaughter is dispositive of the appeal.

We reverse.

Defendant was charged with shooting the decedent. The shooting occurred while decedent, defendant and a witness were riding around in an automobile. There was evidence that defendant was intoxicated at the time...

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