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STATE v. ELLIOTT

No. 10575.

551 P.2d 1352 (1976)

STATE of New Mexico, Petitioner, v. Donald Ray ELLIOTT, Respondent.

Supreme Court of New Mexico.

June 25, 1976.

Attorney(s) appearing for the Case

Toney Anaya, Atty. Gen., Donald D. Montoya, Jay F. Rosenthal, Asst. Attys. Gen., Santa Fe, for petitioner.

Chester H. Walter, Jr., Chief Public Defender, Bruce L. Herr, Appellate Defender, Robert R. Rothstein, Asst. Appellate Defender, Santa Fe, for respondent.

OPINION

OMAN, Chief Justice.

A writ of certiorari was issued to the New Mexico Court of Appeals. We reverse the opinion of the Court of Appeals insofar as it held to be unconstitutional § 40A-9-6, N.M.S.A. 1953 (2d Repl.Vol. 6, 1972), which was our sodomy statute in effect at the time in question but which has since been repealed and replaced by § 40A-9-21, N.M.S.A. 1953 (Supp. 1975). We remand the case to the Court of Appeals for further consideration...

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