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STATE v. GUNZELMAN

No. 968.

504 P.2d 1084 (1972)

STATE of New Mexico, Plaintiff-Appellee, v. Thomas Jon GUNZELMAN, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted January 3, 1973.

Attorney(s) appearing for the Case

Douglas T. Francis, Francis, Parker & Martin, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Ronald Van Amberg, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Convicted of burglary contrary to § 40A-16-3, N.M.S.A. 1953 (2nd Repl.Vol. 1972), defendant appeals asserting four points for reversal. Defendant's contention on the failure to instruct on an essential element of the crime is dispositive of the appeal.

We reverse.

The court instructed the jury as follows:

"To constitute criminal intent it is not necessary that there should exist an intent to violate the...

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