STATE v. GONZALES

No. 528.

482 P.2d 252 (1971)

82 N.M. 388

STATE of New Mexico, Plaintiff-Appellee, v. Johnny GONZALES, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied February 22, 1971.


Attorney(s) appearing for the Case

Rufus E. Thompson, Roswell, for defendant-appellant.

James A. Maloney, Atty. Gen., Santa Fe, James C. Compton, Jr., Asst. Atty. Gen., for plaintiff-appellee.


OPINION

WOOD, Judge.

Convicted of burglary, § 40A-16-3, N.M.S.A. 1953 (Repl.Vol. 6), defendant appeals. The issues concern: (1) denial of motion to quash jury array; (2) sufficiency of the evidence; and (3) refusal of a requested instruction concerning lack of intent due to intoxication.

Motion to quash jury array.

In a prior criminal trial at the same term of court, the jury returned a verdict of not guilty. The trial judge...

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