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STATE v. GUNZELMAN

No. 9619.

512 P.2d 55 (1973)

85 N.M. 295

STATE of New Mexico, Petitioner, v. Thomas Jon GUNZELMAN, Respondent.

Supreme Court of New Mexico.

On Rehearing July 6, 1973.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., Ronald Van Amberg, Asst. Atty. Gen., Santa Fe, for petitioner.

Douglas T. Francis, Louis G. Stewart, Jr., Albuquerque, for respondent.

PER CURIAM:

Upon consideration of the motion for rehearing, the original opinion heretofore filed is withdrawn and the following substituted therefor.

OPINION

MONTOYA, Justice.

Defendant was convicted of the crime of burglary. On appeal to the Court of Appeals, defendant sought to overturn his conviction because of the trial court's failure to instruct on an essential element of the crime. The Court of Appeals reversed the conviction. State...

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