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STATE v. PEDEN

No. 1114.

512 P.2d 691 (1973)

85 N.M. 363

STATE of New Mexico, Plaintiff-Appellee, v. Gary Darvin Peden, Defendant-Appellant.

Court of Appeals of New Mexico.

June 27, 1973.

Attorney(s) appearing for the Case

George H. Perez, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Randolph B. Felker, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

LOPEZ, Judge.

Defendant was charged with residential burglary pursuant to § 40A-16-3, N.M.S.A. 1953 (2d Repl.Vol. 6). The state introduced undisputed evidence that defendant had entered a dwelling without authorization and aided in removing a television set therefrom. Throughout the trial defendant contended that he had no idea the television and other items removed were stolen. He merely thought he...

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