OPINION
FEDERICI, Justice.
Defendant-appellant was convicted of escape from the New Mexico State Penitentiary in violation of § 40A-22-9, N.M.S.A. 1953 (Repl. 1972). He contends the trial court erred in refusing a requested instruction which was based upon N.M.U.J.I.Crim. 41.20 [Vol. 6, N.M.S.A. 1953 at 329 (Supp. 1975)]. The trial court refused a tendered instruction by defendant in substantially the language of N.M.U.J.I.Crim. 41.20. The Court of...
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