STATE v. SPILLMON

No. 10840.

553 P.2d 686 (1976)

89 N.M. 406

STATE of New Mexico, Plaintiff-Appellee, v. Tony SPILLMON and Eldridge Green, Defendants-Appellants.

Supreme Court of New Mexico.

August 30, 1976.


Attorney(s) appearing for the Case

John S. Spence, Alamogordo, for defendants-appellants.

Toney Anaya, Atty. Gen., Paquin M. Terrazas, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

McMANUS, Justice.

The defendants in this case were charged with felony murder, aggravated burglary and attempted robbery in the District Court of Curry County. Venue was changed to Tucumcari, Quay County, New Mexico. By stipulation and order, all charges were consolidated and trial was held before a jury beginning on December 15, 1975. The jury returned a verdict of guilty as to "attempted robbery" and not guilty as to "burglary." The jury received...

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