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STATE v. HARRISON

No. 10726.

564 P.2d 1321 (1977)

90 N.M. 439

STATE of New Mexico, Plaintiff-Appellee, v. Franklin HARRISON, Jr., Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied June 8, 1977.

Attorney(s) appearing for the Case

Pickard & Singleton, Santa Fe, for defendant-appellant.

Theodore E. Lauer, Santa Fe, for amicus curiae.

Toney Anaya, Atty. Gen., Albert V. Gonzales, Don Montoya, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SOSA, Justice.

Defendant Franklin Harrison, Jr. was indicted for felony murder, kidnapping and rape. The jury convicted him of false imprisonment and felony murder. Defendant was sentenced to one to five years and to death. Defendant appeals from the felony murder conviction and the death sentence.

The facts pertinent to this appeal are as follows: Defendant and Emmett Cunejo, co-indictee, were...

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