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STATE v. McKELVY

No. 3114.

574 P.2d 603 (1978)

91 N.M. 384

STATE of New Mexico, Plaintiff-Appellee, v. Edward Lee McKELVY, Defendant-Appellant.

Court of Appeals of New Mexico.

January 10, 1978.

Attorney(s) appearing for the Case

Charles R. Finley, Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Michael E. Sanchez, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Convicted of conspiracy to commit murder and conspiracy to commit kidnapping, defendant appeals. We discuss two issues: (1) number of peremptory challenges, and (2) rebuttal testimony.

Number of Peremptory Challenges

Rule of Crim. Proc. 39(d)(1) allows a defendant twelve peremptory challenges "if the offense charged is punishable by death or life imprisonment" and five peremptory challenges in all other...

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