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STATE v. TRUJILLO

No. 1094.

510 P.2d 1079 (1973)

STATE of New Mexico, Plaintiff-Appellee, v. Dave TRUJILLO, Defendant-Appellant.

Court of Appeals of New Mexico.

May 16, 1973.

Attorney(s) appearing for the Case

Thomas B. Root, Albuquerque, for defendant-appellant.

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

OPINION

WOOD, Chief Judge.

Defendant was convicted of homicide by vehicle while either driving under the influence of intoxicating liquor or narcotic drugs, or reckless driving. Sections 64-22-1, 64-22-2 and 64-22-3, N.M.S.A. 1953 (2d Repl.Vol. 9, pt. 2). His appeal raises issues as to: (1) the taking of a blood sample; (2) the instruction concerning the results of a test of the blood; and (3) the failure to instruct on a lesser included offense.

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