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STATE v. HOWELL

No. 2068.

546 P.2d 858 (1976)

STATE of New Mexico, Plaintiff-Appellee, v. James Robert HOWELL, Defendant-Appellant.

Court of Appeals of New Mexico.

February 10, 1976.

Attorney(s) appearing for the Case

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

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

OPINION

HENDLEY, Judge.

Defendant appeals his conviction of aggravated assault § 40A-3-2, N.M.S.A. 1953 (2d Repl.Vol. 6, 1972) and sodomy § 40A-9-6, N.M.S.A. 1953 (2d Repl.Vol. 6, 1972), subsequently repealed by Laws 1975, ch. 109 § 8, after a transfer pursuant to § 13-14-27, N.M.S.A. 1953 (Repl.Vol. 3, 1968, Supp. 1973) asserting two grounds for reversal: (1) that the trial court should have granted his motion to dismiss pursuant to...

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