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STATE v. MASCARENAS

No. 1400.

526 P.2d 1285 (1974)

86 N.M. 692

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

Court of Appeals of New Mexico.

September 11, 1974.

Attorney(s) appearing for the Case

Robert Dale Morrison, Mitchell, Mitchell, Alley & Morrison, Taos, for defendant-appellant.

David L. Norvell, Atty. Gen., Ralph Muxlow, II, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Defendant assaulted the victim with a knife. He appeals his conviction of aggravated assault. Section 40A-3-2(A), N.M.S.A. 1953 (2d Repl. Vol. 6). The issues concern: (1) search and seizure, and (2) instructions on intent. We reverse because of the failure to instruct on intent.

Search and Seizure

The knife allegedly used in the assault was taken from a closed suitcase located in a motel room which defendant...

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