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STATE v. TILL

No. 9159.

484 P.2d 1265 (1971)

82 N.M. 555

STATE of New Mexico, Plaintiff-Appellee, v. Tommie Clayton TILL, Defendant-Appellant.

Supreme Court of New Mexico.

May 10, 1971.

Attorney(s) appearing for the Case

McAtee, Marchiondo & Michael, O.L. Puccini, Jr., Albuquerque, for defendant-appellant.

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

OPINION

TACKETT, Justice.

The District Court of Eddy County, New Mexico, denied a motion for post-conviction relief without a hearing. Defendant appeals.

The defendant contends that the trial court erred in denying his motion for post-conviction relief, based on (1) a "shot-gun" instruction, (2) inadequate counsel (no objection was raised in the original trial of this case, cited as State v. Till, 78 N.M. 255,

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