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STATE v. SANDOVAL

No. 834.

495 P.2d 379 (1972)

STATE of New Mexico, Plaintiff-Appellee, v. John A. SANDOVAL, Defendant-Appellant.

Court of Appeals of New Mexico.

March 10, 1972.

Attorney(s) appearing for the Case

Dennis R. Francish, Albuquerque, for defendant-appellant.

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

OPINION

HENDLEY, Judge.

Convicted of burglary, contrary to § 40A-16-3, N.M.S.A. 1953 (Repl.Vol. 1964), defendant appeals. He asserts the trial court erred in failing to direct a verdict of acquittal at the close of the State's case.

We affirm.

This case involves the burglary of an automobile. Defendant's witness Montano testified that defendant was unaware that he (Montano) was removing a stereo...

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