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STATE v. FOSTER

No. 680.

489 P.2d 408 (1971)

83 N.M. 128

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

Court of Appeals of New Mexico.

September 17, 1971.

Attorney(s) appearing for the Case

Ray Tabet, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Thomas Patrick Whelan, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

Foster appeals from a conviction of robbery while armed with a deadly weapon contrary to § 40A-16-2, N.M.S.A. 1953 (Repl.Vol. 6).

We affirm.

Foster relies on two points for reversal: (1) Foster was prejudiced by opening remarks of the trial court concerning other charges against him; (2) Foster was denied a fair trial and due process of law because he was brought into the courtroom attired in jail garment and handcuffed...

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