STATE v. NELSON

No. 703.

490 P.2d 1242 (1971)

83 N.M. 269

STATE of New Mexico, Plaintiff-Appellee, v. Egerald A. NELSON, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied November 23, 1971.


Attorney(s) appearing for the Case

Walter R. Parr, Crouch & Lenko, Las Cruces, for defendant-appellant.

David L. Norvell, Atty. Gen., Santa Fe, C. Emery Cuddy, Jr., Asst. Atty. Gen., for plaintiff-appellee.


OPINION

SUTIN, Judge.

Nelson was convicted of armed robbery, § 40A-16-2, N.M.S.A. 1953 (Repl. Vol. 6). He argues: (1) the trial court should have instructed the jury on insanity as a defense; (2) the state failed to prove "the necessary felonious intent."

It is not disputed that Nelson used a gun to force a gas station attendant to open a cash box, hit the attendant on the head with the gun, took the money, and that the gun discharged prior...

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