STATE v. AGUILAR

No. 1799.

536 P.2d 263 (1975)

87 N.M. 503

STATE of New Mexico, Plaintiff-Appellee, v. Martin AGUILAR, Defendant-Appellant.

Court of Appeals of New Mexico.

May 21, 1975.


Attorney(s) appearing for the Case

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

Toney Anaya, Atty. Gen., Andrea Buzzard, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

HENDLEY, Judge.

Defendant was convicted of battery contrary to § 40A-3-4, N.M.S.A. 1953 (2d Repl. Vol. 6, 1972). Defendant appeals asserting two points for reversal, namely, (1) that the trial court failed to instruct on the essential element of intent; and, (2) that defendant was denied representation because his counsel had conflicting interests. We affirm point 1 and reverse on point 2.

1. Instruction

This point is...

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