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STATE v. HERRERA

No. 3962.

601 P.2d 75 (1979)

93 N.M. 442

STATE of New Mexico, Plaintiff-Appellant, v. Joann Bertha HERRERA, Defendant-Appellee.

Court of Appeals of New Mexico.

August 21, 1979.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Eric Scott Jeffries, Asst. Atty. Gen., Santa Fe, for plaintiff-appellant.

Roderick A. Dorr, Terrazas & Dorr, Santa Fe, for defendant-appellee.

OPINION

WOOD, Chief Judge.

The trial court dismissed the indictment on the basis that the prosecutor who presented the matter to the grand jury had withheld exculpatory evidence. The State appeals; we affirm the dismissal.

Defendant, the mother of the deceased child, was charged with permitting child abuse which resulted in the death of the child. Baker, the mother's live-in boy-friend, was charged with committing the child abuse which resulted in...

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