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STATE v. SMITH

No. 11905.

591 P.2d 664 (1979)

92 N.M. 533

STATE of New Mexico, Plaintiff-Appellee, v. William J. SMITH, Defendant-Appellant.

Supreme Court of New Mexico.

February 27, 1979.

Attorney(s) appearing for the Case

Warren O.F. Harris, Albuquerque, for defendant-appellant.

Toney Anaya, Atty. Gen., Janice Marie Ahern, Charlotte Hetherington Roosen, Asst. Attys. Gen., Santa Fe, Virginia Ferrara, Asst. Dist. Atty., Albuquerque, for plaintiff-appellee.

OPINION

McMANUS, Senior Justice.

August 19, 1977 defendant William J. Smith and a co-defendant were charged with the crimes of murder, kidnapping, accessory to murder, and accessory to kidnapping. The trials of the defendants were severed, and Smith was tried October 11, 1977. The trial court granted Smith's motion for a directed verdict of acquittal as to the kidnapping charges. At the end of the trial, the court declared a mistrial because the jury was...

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