STATE v. ARAGON

No. 1015.

512 P.2d 974 (1973)

85 N.M. 401

STATE of New Mexico, Plaintiff-Appellee, v. Thomas I. ARAGON, Defendant-Appellant.

Court of Appeals of New Mexico.

July 5, 1973.


Attorney(s) appearing for the Case

Leon Taylor, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Ronald Van Amberg, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

HERNANDEZ, Judge.

Defendant was convicted of voluntary manslaughter after a jury trial in Bernalillo County. He appeals his conviction on three grounds: (1) that the trial court erred in admitting a statement by the victim related by a witness as a res gestae exception to the hearsay rule; (2) that the trial court erred in overruling defendant's motion to strike any jury instructions on either first or second degree murder because the evidence did...

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