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STATE v. DUNN

No. 3924.

599 P.2d 392 (1979)

93 N.M. 239

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

Court of Appeals of New Mexico.

March 27, 1979.

Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Martha A. Daly, Asst. App. Defender, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Sammy J. Quintana, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Chief Judge.

Defendant's conviction for escape from the penitentiary was reversed on the basis of Esquibel v. State, 91 N.M. 498, 576 P.2d 1129 (1978). During the retrial of defendant, the trial court ordered a mistrial because of an answer made by a defense witness during cross-examination. We granted an interlocutory appeal (see § 39-3-3(A), N.M.S.A. 1978), because...

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