STATE v. STEPHENS

No. 12077.

601 P.2d 428 (1979)

93 N.M. 458

STATE of New Mexico, Plaintiff-Appellee, v. Donald Gene STEPHENS, Defendant-Appellant.

Supreme Court of New Mexico.

October 17, 1979.


Attorney(s) appearing for the Case

Reginald J. Storment, App. Defender, Martha A. Daly, Asst. App. Defender, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Ralph W. Muxlow, II, and Janice M. Ahern, Asst. Attys. Gen., Santa Fe, for plaintiff-appellee.


OPINION

FELTER, Justice.

Donald Stephens was charged by criminal information with the crimes of murder and robbery in the following manner:

Count I On or about the 2nd day of September, 1977, Donald Stephens did unlawfully kill George Daley with malice aforethought, Contrary to Section 40A-2-1, N.M.S.A. [§ 30-2-1, N.M.S.A. 1978]. Count II On or about the 2nd day of September, 1977, Donald...

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