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STATE v. AUSTIN

No. 3366.

577 P.2d 894 (1978)

91 N.M. 586

STATE of New Mexico, Plaintiff-Appellee, v. Gary Wayne AUSTIN, Defendant-Appellant.

Court of Appeals of New Mexico.

April 4, 1978.

Attorney(s) appearing for the Case

Bruce Lowenhaupt, Las Cruces, for defendant-appellant.

Toney Anaya, Atty. Gen, Robert G. Sloan, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

This interlocutory appeal involves the admissibility of defendant's second and third inculpatory statements after the first such statement was ruled inadmissible because obtained by improper inducement. We discuss: (1) fruit of the poisoned tree; (2) burden of the evidence and quantum of proof; and (3) sufficiency of the evidence.

Fruit of the Poisoned Tree

The statements pertain to an armed robbery in...

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