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STATE v. CUTNOSE

No. 1587.

532 P.2d 889 (1975)

87 N.M. 300

STATE of New Mexico, Plaintiff-Appellee, v. Victor CUTNOSE, Woody Foster and Michael P. Upshaw, Defendants-Appellants.

Court of Appeals of New Mexico.

February 12, 1975.

Attorney(s) appearing for the Case

Michael G. Rosenberg, John L. Walker, Albuquerque, for defendants-appellants.

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

OPINION

WOOD, Chief Judge

Cutnose, Foster and Upshaw were convicted of criminal trespass. Section 40A-14-1, N.M.S.A. 1953 (2d Repl. Vol. 6). Cutnose was also convicted of assault. Section 40A-3-1, N.M.S.A. 1953 (2d Repl. Vol. 6). The events on which the convictions were based occurred at the Public Health Service Hospital in McKinley County, New Mexico. Seven issues are raised in the appeal; three are dispositive. They are: (1) jurisdiction, (2) applicability...

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