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STATE v. FARRIS

No. 13010.

619 P.2d 541 (1980)

95 N.M. 96

STATE of New Mexico, Plaintiff-Appellee, v. Hardy Ray FARRIS, Respondent-Appellant.

Supreme Court of New Mexico.

November 17, 1980.

Attorney(s) appearing for the Case

Martha A. Daly, Appellate Defender, Santa Fe, for respondent-appellant.

Jeff Bingaman, Atty. Gen., Marcia E. White, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

FEDERICI, Justice.

Defendant was convicted of first degree murder and sentenced to life imprisonment. He appeals, alleging a voluntary manslaughter instruction should have been given to the jury.

Defendant shot his wife on the morning of April 9, 1979 in the family home. Defendant had separated from his wife some time prior to the shooting. The testimony was that they had been married for about 20 years, and that during this time they had...

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