STATE v. NOBLE

No. 10878.

563 P.2d 1153 (1977)

90 N.M. 360

STATE of New Mexico, Plaintiff-Appellee, v. George NOBLE, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Granted February 18, 1977.


Attorney(s) appearing for the Case

Jan A. Hartke, Chief Public Defender, Don Klein, Appellate Defender, Reginald J. Storment, Appellate Defender, Santa Fe, for defendant-appellant.

Toney Anaya, Atty. Gen., Paquin M. Terrazas, Robert E. Robles, Don D. Montoya, J. Michael Francke, Asst. Attys. Gen., Santa Fe, on rehearing, for plaintiff-appellee.


OPINION

MUSGROVE, District Judge, Sitting by Designation.

The motion for rehearing is granted. The former opinion is withdrawn and the following opinion is substituted.

Defendant was convicted of first-degree murder following jury trial in the District Court of Grant County, and was sentenced to death. He appeals.

The following are the essential facts of the case. In the early hours of May 29, 1975, the defendant followed his ex-wife to her...

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