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STATE v. BARNETT

No. 9610.

512 P.2d 61 (1973)

85 N.M. 301

STATE of New Mexico, Petitioner, v. Carl BARNETT, Respondent.

Supreme Court of New Mexico.

May 25, 1973.

Attorney(s) appearing for the Case

David L. Norvell, Atty. Gen., Dee C. Blythe, Asst. Atty. Gen., Santa Fe, for petitioner.

Donald B. Moses, Leonard G. Espinosa, Albuquerque, for respondent.

OPINION

MONTOYA, Justice.

Respondent Carl Barnett was convicted of the crimes of rape and sodomy. On appeal to the Court of Appeals, his conviction was reversed on the ground that the trial court erred in refusing to instruct the jury on the voluntariness of a written statement given by the respondent. State v. Barnett, 84 N.M. 455, 504 P.2d 1088 (Ct.App. 1972). The State filed a motion for leave to file a petition for writ...

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