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STATE v. DAY

No. 3154.

577 P.2d 878 (1978)

STATE of New Mexico, Plaintiff-Appellee, v. Michael Marvin DAY, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied February 24, 1978.

Writ of Certiorari Denied March 28, 1978.

Attorney(s) appearing for the Case

Charles Driscoll, Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Sammy J. Quintana, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Defendant was convicted of aggravated burglary and criminal sexual penetration in the second degree. In State v. Day, 90 N.M. 154, 560 P.2d 945 (Ct.App. 1977) we reversed because of contradictory and confusing jury instructions concerning the defense of insanity at the time of the offenses. Upon retrial, defendant was again convicted. We again reverse, this...

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