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STATE v. FOSTER

No. 637.

484 P.2d 1283 (1971)

82 N.M. 573

STATE of New Mexico, Plaintiff-Appellee, v. Barry Lee FOSTER, Defendant-appellant.

Court of Appeals of New Mexico.

April 23, 1971.

Attorney(s) appearing for the Case

Ray Tabet, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Frank N. Chavez, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Judge.

Convicted of robbery and aggravated battery, defendant appeals. Sections 40A-16-2, N.M.S.A. 1953 (Repl.Vol. 6) and 40A-3-5, N.M.S.A. 1953 (Repl.Vol. 6, Supp. 1969). The issues concern: (1) change of venue; (2) various evidentiary matters; and (3) a trial amendment to the aggravated battery charge.

Change of venue.

Defendant moved for a change of venue claiming that because of public excitement or local prejudice...

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