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STATE v. PATTERSON

No. 2908.

568 P.2d 261 (1977)

90 N.M. 735

STATE of New Mexico, Plaintiff-Appellee, v. Raymond PATTERSON, Defendant-Appellant.

Court of Appeals of New Mexico.

August 2, 1977.

Attorney(s) appearing for the Case

Jan A. Hartke, Chief Public Defender, Douglas A. Barr, Asst. Appellate Defender, Santa Fe, for appellant.

Toney Anaya, Atty. Gen., Paquin M. Terrazas, Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

WOOD, Chief Judge.

The dispositive issue is whether the aggravated assault offense of which defendant was convicted was a lesser offense included within the offense charged in the indictment.

The indictment charged a violation of § 40A-3-3, N.M.S.A. 1953 (2d Repl. Vol. 6) in that defendant assaulted the victim with intent to kill. Section 40A-3-3, supra, reads:

"Assault with intent to commit a violent felony. —...

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