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STATE v. PURK

No. 1006.

506 P.2d 1215 (1973)

84 N.M. 668

STATE of New Mexico, Plaintiff-Appellee, v. Michael Steven PURK, Defendant-Appellant.

Court of Appeals of New Mexico.

February 9, 1973.

Attorney(s) appearing for the Case

Richard C. Losh, Albuquerque, for defendant-appellant.

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

OPINION

HENDLEY, Judge.

Convicted of armed robbery (§ 40A-16-2, N.M.S.A. 1953 (2nd Repl.Vol. 1972)) defendant appeals. Defendant asserts the denial of a pretrial determination on admissibility of an out-of-court identification by the trial court was error. We disagree and affirm.

Mr. Findley, a University of New Mexico student, was hitchhiking home after class. He was picked up by three males and a...

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