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STATE v. TURLEY

No. 4354.

633 P.2d 700 (1980)

96 N.M.App. 592

STATE of New Mexico, Plaintiff-Appellant, v. Clarence "Frank" TURLEY, Defendant-Appellee.

Court of Appeals of New Mexico.

November 25, 1980.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Jill Z. Cooper, Deputy Atty. Gen., Santa Fe, for plaintiff-appellant.

Leslie Rakestraw, Rio Rancho, for defendant-appellee.

OPINION

WOOD, Chief Judge.

Defendant was charged with unlawfully excavating, with the use of mechanical earth moving equipment, an archaeological site for the purpose of collecting or removing objects of antiquity; the site being located on private land. The criminal information specifically charged that the "objects" were of ancient, native American culture and that the site was an Indian ruin. The information also charged that the excavation was by use...

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