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STATE v. CARTER

No. 1537.

540 P.2d 1324 (1975)

88 N.M. 435

STATE of New Mexico, Plaintiff-Appellee, v. Charles CARTER, Defendant-Appellant.

Court of Appeals of New Mexico.

September 10, 1975.

Attorney(s) appearing for the Case

Louis G. Stewart, Jr., Harry N. Relkin, Albuquerque, for defendant-appellant.

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

OPINION

HERNANDEZ, Judge.

Defendant was indicted and convicted on two counts of armed robbery in violation of Section 40A-16-2, N.M.S.A. 1953 (2d Repl.Vol. 6, Supp. 1973), and one count of rape in violation of Section 40A-9-2, N.M.S.A. 1953 (2d Repl.Vol. 6, Supp. 1973). He appeals alleging two points of error. We affirm.

Defendant's first point of error is that the trial court erred in refusing to dismiss the indictment because he was not brought...

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