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STATE v. ELLIS

No. 1700.

537 P.2d 698 (1975)

88 N.M. 90

STATE of New Mexico, Plaintiff-Appellee, v. Billy D. ELLIS, Defendant-Appellant.

Court of Appeals of New Mexico.

June 18, 1975.

Attorney(s) appearing for the Case

James B. Kelly, Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Lanny D. Messersmith, Ralph W. Muxlow, II, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Three men forced their way into the Growney residence in Albuquerque. They robbed the occupants. Upon leaving approximately forty-five minutes later, they took an automobile. Defendant was convicted of aggravated burglary, § 40A-16-4, N.M.S.A. 1953 (2d Repl.Vol. 6); armed robbery, § 40A-16-2, N.M.S.A. 1953 (2d Repl.Vol. 6, Supp. 1973); and the unlawful taking of a vehicle, § 64-9-4, N.M.S.A. 1953 (2d Repl.Vol. 9...

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