STATE v. CARLTON

No. 688.

495 P.2d 1091 (1972)

STATE of New Mexico, Plaintiff-Appellee, v. Dennis Paul CARLTON and Pearl Diana Carlton, Defendants-Appellants.

Court of Appeals of New Mexico.

Rehearing Denied February 16, 1972.

Certiorari Denied March 22, 1972.


Attorney(s) appearing for the Case

Fred T. Hensley, Portales, David W. Bonem, Clovis, for defendants-appellants.

David F. Norvell, Atty. Gen., Jay F. Rosenthal, Asst. Atty. Gen., for plaintiff-appellee.


OPINION

COWAN, Judge.

On September 4, 1968, Dennis Paul Carlton and his wife, Pearl Diana Carlton, were charged with murder in Roosevelt County, New Mexico, contrary to § 40A-2-1, N.M.S.A. 1953 (Repl.Vol. 6). A first trial, held in Curry County on a change of venue, resulted in a mistrial after the jury was unable to reach a verdict. A second trial resulted in a conviction for second degree murder, from which conviction defendants appealed. Their conviction...

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