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STATE v. DOSIER

No. 1641.

536 P.2d 1088 (1975)

88 N.M. 32

STATE of New Mexico, Plaintiff-Appellee, v. Danny Jack DOSIER, Louis Lee Butler, and Joe Edward Seate, Defendants-Appellants.

Court of Appeals of New Mexico.

Rehearing Denied May 5, 1975.

Certiorari Denied May 28, 1975.

Attorney(s) appearing for the Case

Charles J. Crider, Marchiondo & Berry, P.A., Albuquerque, for appellant Butler.

Samuel A. Francis, Albuquerque, for appellant Dosier.

Ronald M. Higginbotham, Hunker, Fedric & Higginbotham, P.A., Roswell, for appellants Dosier and Seate.

Toney Anaya, Atty. Gen., Santa Fe, Andrea Buzzard, Jay F. Rosenthal, Asst. Atty. Gen., for appellee.

OPINION

WOOD, Chief Judge.

Defendants appeal their convictions of fraud and attempted fraud. Sections 40A-16-6 and 40A-28-1, N.M.S.A. 1953 (2d Repl. Vol. 6). The issues concern: (1) failure to arraign, (2) admission of defendants' statements, (3) sufficiency of the evidence, (4) instructions, and (5) merger of offenses.

Failure to Arraign

In a pretrial stipulation, Butler waived the time limitations for arraignment and agreed that...

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