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STATE v. BORUNDA

No. 659.

494 P.2d 976 (1972)

83 N.M. 563

STATE of New Mexico, Plaintiff-Appellee, v. Geronimo BORUNDA, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied January 31, 1972.

Certiorari Denied March 7, 1972.

Attorney(s) appearing for the Case

Barry Rudolf, Santa Fe, for appellant.

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

OPINION

HENDLEY, Judge.

During the trial of Juan Valdez, for the shooting of State Police Officer Sais, defendant took the stand and testified he, rather than Valdez shot Sais. Juan Valdez was convicted. Subsequently defendant was indicted for and convicted of perjury (§ 40A-25-1, N.M.S.A. 1953 (Repl. Vol. 1964)). Defendant appeals asserting: 1) an improper instruction regarding an element of perjury; 2) lack of substantial evidence; and, 3) by allowing...

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