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STATE v. RAMIREZ

No. 888.

500 P.2d 451 (1972)

STATE of New Mexico, Plaintiff-Appellee, v. Frankie RAMIREZ, Defendant-Appellant.

Court of Appeals of New Mexico.

July 28, 1972.

Attorney(s) appearing for the Case

Scott McCarty, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Thomas Patrick Whelan, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

The appeal is concerned with instructions on intent under two criminal charges.

Defendant was charged with aggravated battery. Section 40A-3-5(C), N.M.S.A. 1953 (Repl.Vol. 6, Supp. 1971). His requested instruction went to his asserted lack of intent to commit aggravated battery because of his intoxication. He claims the trial court erred in refusing the requested instruction.<...

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