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STATE v. MARTINEZ

No. 3545.

581 P.2d 1299 (1978)

91 N.M. 804

STATE of New Mexico, Plaintiff-Appellant, v. Pedro MARTINEZ, Gilbert Martinez and Ricky Martinez, Defendants-Appellees.

Court of Appeals of New Mexico.

July 11, 1978.

Attorney(s) appearing for the Case

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

John B. Bigelow, Chief Public Defender, Martha A. Daly, Asst. Appellate Defender, Roger Bargas, Asst. District Defender, Santa Fe, for defendants-appellees.

OPINION

WOOD, Chief Judge.

Were defendants charged under the applicable statute? This issue involves Count I of the indictment which charged arson of an automobile having a value in excess of $1,000, in violation of § 40A-17-5, N.M.S.A. 1953 (2d Repl.Vol. 6). Defendants moved to dismiss. The motion alleged § 40A-17-5, supra, was inapplicable because a "general statute defining the crime of Arson" and...

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