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STATE v. HERROD

No. 985.

504 P.2d 26 (1972)

STATE of New Mexico, Plaintiff-Appellee, v. Jerry Ray HERROD, Defendant-Appellant.

Court of Appeals of New Mexico.

November 22, 1972.

Attorney(s) appearing for the Case

Frederick J. McCarthy, Albuquerque, for defendant-appellant.

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

OPINION

HERNANDEZ, Judge.

Defendant was indicted on two counts: unlawful taking of a vehicle without the consent of the owner, § 64-9-4, N.M.S.A. 1953 (2d Repl.Vol. 9, pt. 2); and, unlawful possession of a vehicle knowing the same had been stolen or unlawfully taken, § 64-9-5, N.M.S.A. 1953 (2d Repl.Vol. 9, pt. 2). The first count was dismissed and defendant was convicted on the second. He appeals, claiming three points of error: (1) the indictment...

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