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STATE v. JORDAN

No. 771.

494 P.2d 984 (1972)

83 N.M. 571

STATE of New Mexico, Plaintiff-Appellee, v. Frank J. JORDAN, Defendant-Appellant.

Court of Appeals of New Mexico.

February 25, 1972.

Attorney(s) appearing for the Case

James F. Beckley, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., James H. Russell, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

COWAN, Judge.

The defendant appeals following his conviction of homicide by vehicle, contrary to § 64-22-1, subd. A, N.M.S.A. 1953 (Repl. Vol. 9, pt. 2, 1971 Supp.).

Trial was to the court. We reverse.

Section 64-22-1, subd. A, supra, states:

"Homicide by vehicle is the killing of a human being in the unlawful operation of a motor vehicle."

The charge against the defendant arose out of an intersectional collision...

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