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STATE v. WARNER

No. 1297.

521 P.2d 1168 (1974)

STATE of New Mexico, Plaintiff-Appellee, v. Homer Lee WARNER, Defendant-Appellant.

Court of Appeals of New Mexico.

April 17, 1974.

Attorney(s) appearing for the Case

Robert H. Strand, Roswell, for defendant-appellant.

David L. Norvell, Atty. Gen., Jay F. Rosenthal, Sp. Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Defendant appeals his conviction of an attempt to commit aggravated burglary. Sections 40A-28-1 and 40A-16-4, N.M.S.A. 1953 (2d Repl.Vol. 6). The issues concern: (1) written transcript of the preliminary examination and (2) delay in holding the preliminary examination.

Written transcript of the preliminary examination.

Testimony at the preliminary examination was recorded on tape. The district attorney...

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