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STATE v. MORAGA

No. 676.

487 P.2d 178 (1971)

82 N.M. 750

STATE of New Mexico, Plaintiff-Appellee, v. Pablo Victor MORAGA, Defendant-Appellant.

Court of Appeals of New Mexico.

July 2, 1971.

Attorney(s) appearing for the Case

Scott McCarty, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Ethan K. Stevens, Thomas L. Dunigan, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Judge.

Moraga was convicted and sentenced for second degree murder. He seeks a reversal on two points, (1) the circumstances of rape by one Carrillo, a witness, should have been admitted into evidence as bearing on the state of mind of Moraga, and (2) the trial court failed to adequately instruct on the elements of murder in the second degree and the failure was jurisdictional.

The Brief in Chief states:

"* * * The Defendant...

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