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STATE v. DOUGLAS

No. 1334.

526 P.2d 807 (1974)

86 N.M. 665

STATE of New Mexico, Plaintiff-Appellee, v. Kenneth D. DOUGLAS, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied September 20, 1974.

Attorney(s) appearing for the Case

Alfred M. Carvajal, Carvajal, Cherpelis & Parker, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., Santa Fe, George A. Morrison, Sp. Asst. Atty. Gen., Albuquerque, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

After a trial to the court defendant was convicted of burglary. Section 40A-16-3, N.M.S.A. 1953 (2d Repl.Vol. 1972). He asserts two errors for reversal: (1) sufficiency of the evidence; and, (2) improper consideration of evidence by the judge in his role as fact-finder and denial of right to confront the judge when the judge improperly considered evidence.

1. Sufficiency of the Evidence.

During the burglary of a...

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