STATE v. GONZALES

No. 1210.

517 P.2d 1306 (1973)

85 N.M. 780

STATE of New Mexico, Plaintiff-Appellee, v. Pete GONZALES aka Pedro Gonzales, Defendant-Appellant.

Court of Appeals of New Mexico.

December 19, 1973.


Attorney(s) appearing for the Case

Dale B. Dilts, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Jane E. Pendleton, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of robbery while armed with a deadly weapon. Section 40A-16-2, N.M.S.A. 1953 (2d Repl. Vol. 6). He claims the evidence as to "deadly weapon" is insufficient to sustain his conviction. We agree.

There is evidence that a "tire tool" was used in the robbery. Our statute does not specifically define a tire tool as a deadly weapon. The question then is whether it is a "* * * weapon which is capable...

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