STATE v. BILLINGTON

No. 1285.

519 P.2d 140 (1974)

86 N.M. 44

STATE of New Mexico, Plaintiff-Appellee, v. Grady Lee BILLINGTON, Defendant-Appellant.

Court of Appeals of New Mexico.

February 6, 1974.


Attorney(s) appearing for the Case

James E. Templeman, Sanders, Snipes & Templeman, Lovington, for appellant.

David L. Norvell, Atty. Gen., Bill Primm, Asst. Atty. Gen., Santa Fe, for appellee.


OPINION

SUTIN, Judge.

Defendant was convicted of perjury in violation of § 40A-25-1, N.M.S.A. 1953 (2d Repl. Vol. 6). Defendant appeals. We reverse.

(1) The trial court abused its discretion in denying defendant a continuance.

On November 10, 1972, defendant filed a motion for disclosure of names of witnesses the State intended to call at trial pursuant to Rule 27(b) of the Rules of Criminal Procedure [§ 41-23-27(b), N...

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