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STATE v. CRESPIN

No. 1421.

526 P.2d 1282 (1974)

86 N.M. 689

STATE of New Mexico, Plaintiff-Appellee, v. Tony CRESPIN, Defendant-Appellant.

Court of Appeals of New Mexico.

September 18, 1974.

Attorney(s) appearing for the Case

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

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

OPINION

SUTIN, Judge.

Defendant appeals from a conviction for aggravated battery. Section 40A-3-5, N.M.S.A. 1953 (2d Repl. Vol. 6). We reverse,

(A) Refusal to give requested instruction on theory of defense was reversible error.

(1) Facts

The state's case shows that on May 15, 1973, at about 9:30 p.m., the foreman for State Electric and a fellow employee were walking east...

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