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STATE v. MANN

No. 1678.

535 P.2d 70 (1975)

87 N.M. 427

STATE of New Mexico, Plaintiff-Appellee, v. Lowada Ann MANN, Defendant-Appellant.

Court of Appeals of New Mexico.

April 23, 1975.

Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, Appellate Defender, Sarah Singleton, Associate Appellate Defender, Santa Fe, for defendant-appellant.

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

OPINION

SUTIN, Judge.

Defendant was convicted of receiving stolen property of over $100 but under $2,500. Section 40A-16-11, N.M.S.A. 1953 (2d Repl.Vol. 6). Defendant appeals. We reverse.

In brief, our decision to reverse rests on the following analysis of the issues.

(1) Admission into evidence of the preliminary hearing testimony of the absent material witness was error.

(2) That testimony...

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