STATE v. LUCERO

No. 9873.

526 P.2d 1091 (1974)

86 N.M. 686

STATE of New Mexico, Plaintiff-Appellee, v. Tomas LUCERO, Defendant-Appellant.

Supreme Court of New Mexico.

September 20, 1974.


Attorney(s) appearing for the Case

Larry N. Smith, Santa Fe, for defendant-appellant.

David L. Norvell, Atty. Gen., Santa Fe, Prentis Reid Griffith, Jr., Special Asst. Atty. Gen., for plaintiff-appellee.


OPINION

ZINN, District Judge.

Tomas Lucero, appellant, was convicted of first degree murder on July 27, 1972. On August 15, 1972, he was sentenced to life imprisonment.

He asks that his conviction be reversed, that his sentence be set aside and that he be granted a new trial.

Reversal is sought on several grounds. The absence of a material witness is the one upon which appellant chiefly relies.

The conviction is reversed and the judgment...

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