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STATE v. VALLEJOS

No. 1198.

519 P.2d 135 (1974)

86 N.M. 39

STATE of New Mexico, Plaintiff-Appellee, v. Joe A. VALLEJOS and Henry Vasquez, Defendants-Appellants.

Court of Appeals of New Mexico.

January 30, 1974.

Attorney(s) appearing for the Case

E. Ray Phelps, Roswell, for defendant-appellant Vallejos.

William C. Fleming, Frazier, Cusack & Schnedar, Roswell, for defendant-appellant Vasquez.

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

OPINION

WOOD, Chief Judge.

Defendant Vasquez appeals his conviction of battery upon a peace officer. Section 40A-22-23, N.M.S.A. 1953 (2d Repl.Vol. 6). Defendant Vallejos appeals his conviction of two counts of aggravated assault upon a peace officer. Section 40A-22-21, N.M.S.A. 1953 (2d Repl.Vol. 6). Vasquez does not challenge the sufficiency of the evidence; Vallejos does. The testimony of police officers concerning...

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