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STATE v. GUTIERREZ

Nos. 1955 and 2047.

541 P.2d 628 (1975)

88 N.M. 448

STATE of New Mexico, Plaintiff-Appellee, v. Frank R. GUTIERREZ, Defendant-Appellant.

Court of Appeals of New Mexico.

October 7, 1975.

Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, App. Defender, Reginald J. Storment, Asst. App. Defender, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Jay F. Rosenthal, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Convicted of murder in the second degree, defendant appeals. The issues concern: (1) the sufficiency of the indictment, and (2) refused instructions on (a) insanity; (b) intoxication; and (c) manslaughter.

Sufficiency of the Indictment

The indictment charged defendant with murder in the first degree. Defendant claims the indictment was void because he was charged under our general murder statute rather...

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