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STATE v. CASTRO

No. 3597.

592 P.2d 185 (1979)

92 N.M. 585

STATE of New Mexico, Plaintiff-Appellee, v. John Eloy CASTRO, Defendant-Appellant.

Court of Appeals of New Mexico.

Writ of Certiorari Denied March 14, 1979.

Attorney(s) appearing for the Case

Tandy L. Hunt, Ralph D. Shamas, Hunt & Shamas, Roswell, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Michael A. Kauffman, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

SUTIN, Judge.

Defendant John Castro was convicted of voluntary manslaughter and aggravated burglary. The victim was Linda, his divorced wife. John appeals. We reverse on voluntary manslaughter and affirm on aggravated burglary.

Linda and John had been married for approximately eight years and were divorced in either August or September, 1977. The homicide was committed on October 6, 1977. John was off work at about 3:00 p.m., went home, drank...

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