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STATE v. VILLA

No. 1139.

514 P.2d 56 (1973)

85 N.M. 537

STATE of New Mexico, Plaintiff-Appellee, v. Gilbert VILLA, Jr., Defendant-Appellant.

Court of Appeals of New Mexico.

August 22, 1973.

Attorney(s) appearing for the Case

Fred Tharp, Jr., Public Defender, Clovis, for defendant-appellant.

David L. Norvell, Atty. Gen., Lee Griffin, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

The appeal is concerned with the variance between the offense charged and the offense for which defendant was convicted in a trial to the court without a jury. The indictment charged homicide by vehicle on the basis of reckless driving. Sections 64-22-1 and 64-22-3, N.M.S.A. 1953 (2d Repl. Vol. 9, pt. 2). The trial court found defendant guilty of "... driving his automobile on the left side of the roadway within a legally designated...

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