STATE v. MAESTAS

No. 3315.

584 P.2d 182 (1978)

92 N.M. 135

STATE of New Mexico, Plaintiff-Appellee, v. Roger MAESTAS, Defendant-appellant.

Court of Appeals of New Mexico.

August 15, 1978.


Attorney(s) appearing for the Case

John H. Lewis, D'Angelo & Farrah, Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Charlotte Hetherington Roosen, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.


OPINION

SUTIN, Judge.

Defendant was convicted of Aggravated Battery in violation of § 40A-3-5, N.M.S.A. (2d Repl.Vol. 6), and Abuse of Child in violation of § 40A-6-1(C) (1975 Supp.). Defendant appeals. We affirm as to Aggravated Battery and reverse as to Abuse of Child.

During the week of November 28 to December 3, 1976, a 25 year old mother and her three year old son, the victims in this case, lived with defendant in his home in Alcalde...

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