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STATE v. CLOKEY

No. 10924.

553 P.2d 1260 (1976)

89 N.M. 453

STATE of New Mexico, Petitioner, v. Nick B. CLOKEY, Respondent.

Supreme Court of New Mexico.

July 8, 1976.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Raymond Hamilton, Asst. Atty. Gen., Sante Fe, for petitioner.

Jan Hartke, Chief Public Defender, Bruce L. Herr, App. Defender, Sarah Michael Singleton, Asst. App. Defender, Santa Fe, for respondent.

OPINION

McMANUS, Justice.

Respondent's motion for rehearing is granted. As a result, the opinion in this case filed on the 22nd day of June, 1976, is withdrawn and the following opinion is substituted therefor.

The defendant-respondent was charged with and found guilty of the crime of robbery contrary to § 40A-16-2, N.M.S.A. 1953 Comp. (2d Repl.Vol. 6, 1972). The trial was before a twelve-person jury in the district court of Santa Fe County. Defendant...

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