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STATE v. GRUBBS

No. 1130.

512 P.2d 693 (1973)

85 N.M. 365

STATE of New Mexico, Plaintiff-Appellee, v. Joseph Antonio GRUBBS, Defendant-Appellant.

Court of Appeals of New Mexico.

June 27, 1973.

Attorney(s) appearing for the Case

Philip W. Steere, Las Cruces, for defendant-appellant.

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

OPINION

WOOD, Chief Judge.

Defendant shot and killed decedent with a handgun. There are conflicting versions of the shooting. Defendant claims he had stored the loaded gun in a chair on the previous evening; that on the day of the shooting he pulled the gun from the chair by its barrel when the hammer cocked; and that the shooting occurred when he was trying to lower the hammer to a safe position. There is evidence that the shooting occurred in a room where...

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