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STATE v. DeSANTOS

No. 10478.

553 P.2d 1265 (1976)

89 N.M. 458

STATE of New Mexico, Plaintiff-Appellee, v. Daniel Levy DeSANTOS, aka Douglas W. Williams, Defendant-Appellant.

Supreme Court of New Mexico.

June 29, 1976.

Attorney(s) appearing for the Case

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, Appellate Defender, Lynn Pickard, Asst. Appellate Defender, Santa Fe, for appellant.

Toney Anaya, Atty. Gen., F. Scott MacGillivray, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

STEPHENSON, Justice.

The defendant, Daniel Levy DeSantos, appeals from a conviction of first degree murder of Glennie McDonald in Silver City, New Mexico. DeSantos was charged by information on November 22, 1974, with an "open" charge1 of first degree murder and convicted after a trial by jury. We reverse the conviction for improper instruction of the jury and grant the defendant...

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