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STATE v. DE BACA

No. 2132.

541 P.2d 634 (1975)

88 N.M. 454

STATE of New Mexico, Plaintiff-Appellee, v. Trinidad C. DE BACA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied October 27, 1975.

Attorney(s) appearing for the Case

Jerome M. Ginsburg, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Mark Shoesmith, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

This is an interlocutory appeal following the denial of defendant's motion to dismiss the indictment against him on double jeopardy grounds. We reverse.

Defendant was indicted for burglary, contrary to § 40A-16-3, N.M.S.A. 1953 (2d Repl.Vol. 6, 1972). He was brought to trial on June 2, 1975. The trial lasted two days during which time both the state and the defendant presented evidence and rested their cases. Jury instructions...

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