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STATE v. FOSTER

No. 1496.

530 P.2d 949 (1974)

87 N.M. 155

STATE of New Mexico, Plaintiff-Appellee, v. John Richard Foster, Defendant-Appellant.

Court of Appeals of New Mexico.

December 31, 1974.

Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, Appellate Defender, Santa Fe, for defendant-appellant.

David L. Norvell, Atty. Gen., David Metz McArthur, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

Defendant was convicted of sodomy (Count I) contrary to § 40A-9-6, N.M.S.A. 1953 (2d Repl. Vol. 6, 1972) and attempted sodomy (Count II) contrary to § 40A-9-6, supra and § 40A-28-1, N.M.S.A. 1953 (2d Repl. Vol. 6, 1972). He appeals alleging six points for reversal. Two points are dispositive of the appeal, namely, criminal information and specific intent. We reverse the conviction of Count I and reverse and remand for...

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