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STATE v. BAROS

No. 1325.

529 P.2d 275 (1974)

87 N.M. 275

STATE of New Mexico, Plaintiff-Appellee, v. Santiago Jim BAROS, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied November 27, 1974.

Attorney(s) appearing for the Case

Steven P. Michael, Albuquerque, for defendant-appellant.

David L. Norvell, Atty. Gen., George A. Morrison, Sp. Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HERNANDEZ, Judge.

The defendant was convicted of second degree murder contrary to Section 40A-2-1(B), N.M.S.A. 1953 (2d Repl.Vol. 6). He appeals alleging three points of error.

We affirm. The relevant facts may be summarized as follows. Sometime after 8:30 p.m. on December 2, 1972, the defendant, his wife, his brother and his brother's wife arrived at an Albuquerque lounge for an evening of dancing. During a break taken by the band shortly...

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