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STATE v. WINGATE

No. 1533.

534 P.2d 776 (1975)

87 N.M. 397

STATE of New Mexico, Plaintiff-Appellee, v. Booker T. WINGATE, Jr., Defendant-Appellant.

Court of Appeals of New Mexico.

April 9, 1975.

Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, App. Defender, Robert R. Rothstein, Asst. App. Defender, Santa Fe, for defendant-appellant.

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

OPINION

WOOD, Chief Judge.

The dispositive issue is whether larceny is a lesser offense included within robbery.

The indictment charged defendant with armed robbery. The jury was instructed on armed robbery and the lesser offense of robbery. Section 40A-16-2, N.M.S.A. 1953 (2d Repl. Vol. 6, Supp. 1973). Defendant requested instructions on larceny under $100.00. Section 40A-16-1, N.M.S.A. 1953 (2d Repl. Vol. 6). The requested instructions were refused...

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