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STATE v. KING

No. 2803.

563 P.2d 1170 (1977)

90 N.M. 377

STATE of New Mexico, Plaintiff-Appellee, v. John KING, Defendant-Appellant.

Court of Appeals of New Mexico.

April 19, 1977.

Attorney(s) appearing for the Case

Vince D'Angelo, Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., John J. Duran, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Convicted of second degree murder, with firearm enhancement, defendant appeals. The nine issues raised by defendant group into four categories. They are: (1) the charge; (2) the instructions; (3) the evidence; and (4) the prosecutor's closing argument.

The Charge

The indictment was in four counts. Count 1 charged murder contrary to §§ 40A-2-1, 40A-2-2 and 40A-2-3, N.M.S.A. 1953 (2d Repl. Vol....

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