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LaPENA v. STATE

No. 10938.

604 P.2d 811 (1980)

frank LaPENA, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

January 10, 1980.

Attorney(s) appearing for the Case

Bell, Leavitt & Green, Chtd. and Stewart L. Bell, Las Vegas, for appellant.

Richard H. Bryan, Atty. Gen., Carson City, Robert J. Miller, Dist. Atty. and Ira H. Hecht, Deputy Dist. Atty., Las Vegas, for respondent.

OPINION

MOWBRAY, Chief Justice:

Frank LaPena appeals from his conviction, after a court trial, of second degree kidnaping and battery with the use of a deadly weapon. We consider several of appellant's assignments of error as meritorious, and we therefore reverse the judgment of conviction and remand for a new trial.

THE FACTS

Around midnight on November 23, 1973, Willis Obenauer was abducted by two men as he returned to his apartment in...

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