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STATE v. HOLDEN

No. 1096.

512 P.2d 970 (1973)

85 N.M. 397

STATE of New Mexico, Plaintiff-Appellee, v. John E. HOLDEN and Tom Spikes, Defendants-Appellants.

Court of Appeals of New Mexico.

Certiorari denied July 18, 1973.

Attorney(s) appearing for the Case

Charles W. Durrett, John E. Conway, Thomas A. Sandenaw, Jr., Shipley, Durrett, Conway & Sandenaw, Alamogordo, for appellant Holden.

James J. Weldon, Alamogordo, for appellant Spikes.

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

OPINION

HENDLEY, Judge.

The defendants were tried together on separate criminal informations charging them with first degree murder. The charges grew out of the same set of facts. Defendant Holden was charged as a principal; defendant Spikes as an accessory. After a jury trial Holden was convicted of voluntary manslaughter (§ 40A-2-3(A), N.M.S.A. 1953 (2d Repl. Vol. 1972)); Spikes of involuntary manslaughter (§ 40A-2-3(B), N.M.S.A. 1953 (2d Repl...

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