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STATE v. McCUISTION

No. 1585.

537 P.2d 702 (1975)

88 N.M. 94

STATE of New Mexico, Plaintiff-Appellee, v. Rockee McCUISTION, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied June 12, 1975.

Certiorari Denied July 2, 1975.

Attorney(s) appearing for the Case

Mary C. Walters, Marchiondo & Berry, P.A., Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Lanny Messersmith, Andrea Buzzard, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

Defendant was convicted of receiving a stolen vehicle in violation of § 64-9-5, N.M.S.A. 1953 (2d Repl.Vol. 9, pt. 2). He appeals. We reverse.

A. Misconduct of the district attorney denied defendant a fair trial.

The State called as a rebuttal witness the assistant district attorney. Sometime after commission of the crime, over strenuous objection, he testified about

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