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STATE v. DUTCHOVER

No. 1067.

509 P.2d 264 (1973)

85 N.M. 72

STATE of New Mexico, Plaintiff-Appellee, v. Benjamin A. DUTCHOVER, Defendant-Appellant.

Court of Appeals of New Mexico.

March 30, 1973.

Attorney(s) appearing for the Case

Jerry L. Williams, Heidel, Samberson, Gallini & Williams, Lovington, for defendant-appellant.

David L. Norvell, Atty. Gen., Dee C. Blythe, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Convicted of homicide by vehicle, defendant appeals. The issues concern: (1) the sufficiency of the evidence and (2) a refused instruction.

Section 64-22-1, N.M.S.A. 1953 (2nd Repl.Vol. 9, pt. 2) defines the crime as "... the killing of a human being in the unlawful operation of a motor vehicle." The "unlawful operation" relied on by the State was driving a vehicle while either under the influence of intoxicating liquor...

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