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STATE v. HERRERA

No. 853.

499 P.2d 364 (1972)

84 N.M. 46

STATE of New Mexico, Plaintiff-Appellee, v. Johnny HERRERA, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied June 15, 1972.

Certiorari Denied July 10, 1972.

Attorney(s) appearing for the Case

Joseph Warner, III, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Frank N. Chavez, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Convicted of burglary, defendant appeals. The applicable statute is § 40A-16-3, N.M.S.A. 1953 (Repl.Vol. 6) as it existed prior to its amendment by Laws 1971, ch. 58. However, the statutory language is not material to the appeal. The issues concern: (1) denial of defense counsel's request for a record of closing arguments of counsel; (2) alleged prosecutor misconduct by misstating testimony in closing argument; and (3) leading...

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