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STATE v. TORRES

No. 2043.

544 P.2d 289 (1975)

88 N.M. 574

STATE of New Mexico, Plaintiff-Appellee, v. Hilario Rodriguez Torres, Defendant-Appellant.

Court of Appeals of New Mexico.

December 16, 1975.

Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, Appellate Defender, Reginald J. Storment, Asst. Appellate Defender, Santa Fe, for defendant-appellant.

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

OPINION

WOOD, Chief Judge.

Convicted of burglary, defendant appeals. Section 40A-16-3, N.M.S.A. 1953 (2d Repl. Vol. 6). The two issues are: (1) identification procedure, and (2) jury determination of voluntariness of defendant's statement.

Identification Procedure

Defendant was seen entering the victim's yard. About twenty minutes later defendant was seen leaving the yard carrying a brown paper sack. The witness gave a description...

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