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STATE v. DOAK

No. 2493.

554 P.2d 993 (1976)

89 N.M. 532

STATE of New Mexico, Plaintiff-Appellee, v. Rod O. DOAK and Lloyd R. Blakey, Defendants-Appellants.

Court of Appeals of New Mexico.

September 14, 1976.

Attorney(s) appearing for the Case

Dan B. Buzzard, Clovis, for defendants-appellants.

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

OPINION

WOOD, Chief Judge.

Each defendant was charged with the felony offenses of battery upon a peace officer and assault with intent to kill or commit mayhem. Sections 40A-22-23 and 40A-3-3, N.M.S.A. 1953 (2d Repl. Vol. 6). The jury convicted each defendant of the lesser misdemeanor offenses of assault upon a peace officer and simple assault. Sections 40A-22-20 and 40A-3-1, N.M.S.A. 1953 (2d Repl. Vol. 6). Defendants' appeal raises numerous issues; two...

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