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STATE v. CAPUTO

No. 4161.

608 P.2d 166 (1980)

94 N.M. 190

STATE of New Mexico, Plaintiff-Appellee, v. Paul A. CAPUTO, Defendant-Appellant.

Court of Appeals of New Mexico.

February 19, 1980.

Attorney(s) appearing for the Case

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

Jeff Bingaman, Atty. Gen., Michael E. Sanchez, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WALTERS, Judge.

Defendant was indicted by a Bernalillo County Grand Jury on two counts of issuing worthless checks in violation of § 30-36-4, N.M.S.A. 1978. The jury acquitted him on the first count and returned a conviction on the second. Defendant appeals on the ground that questioning of him by the trial court on an extraneous matter was prejudicial error.

Defendant owned a clothing store which normally sold "seconds." On March 25th...

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