UDALL, Justice:
Defendant, Armando Luis Lopez, and a co-defendant, Frank Vega Cano, were tried by jury and convicted of murder in the first degree. Evidence introduced at their joint trial showed that Lopez had assisted Cano in burglarizing a gas station. Shortly after doing so, they returned to retrieve a partially filled bottle of beer which they had inadvertently left behind. It was at this point in time that Officer Nofs arrived on the scene. As he approached...
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