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STATE v. JONES

No. 1144.

512 P.2d 1262 (1973)

85 N.M. 426

STATE of New Mexico, Plaintiff-Appellee, v. Richard Lee Jones, Defendant-Appellant.

Court of Appeals of New Mexico.

July 18, 1973.

Attorney(s) appearing for the Case

Bruce C. Redd, M. Ralph Brown, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Andrea Buzzard, James H. Russell, Jr., Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

OPINION

LOPEZ, Judge.

Defendant was charged with the rape of one Judy Brady. The trial ended in a hung jury. The defendant was then tried for assault with intent to commit a violent felony, to wit: rape, contrary to § 40A-3-3, N.M.S.A. 1953 (2d Repl.Vol. 6). The alleged victim was one Mary Cross, Judy Brady's companion on the night in question. Defendant was convicted.

Defendant raises nine points for reversal. In this case, we review only two...

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