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STATE v. SOTO

No. 13060.

619 P.2d 185 (1980)

95 N.M. 81

STATE of New Mexico, Petitioner, v. Marty Mario Soto, Respondent.

Supreme Court of New Mexico.

Rehearing Denied November 21, 1980.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., John F. Kennedy, Asst. Atty. Gen., Santa Fe, for petitioner.

Martha A. Daly, Appellate Defender, Melanie S. Kenton, Asst. Appellate Defender, Santa Fe, for respondent.

OPINION

SOSA, Chief Justice.

The issues presented on certiorari in this case are:

1. Whether the language "licensed by the department of alcoholic beverage control" is an essential element of the offense of unlawfully carrying a firearm in a licensed liquor establishment, Section 30-7-3, N.M.S.A. 1978, and as such is required to be included in a jury instruction on the offense; and

2. Whether the testimony by the owner that his bar was a...

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