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STATE v. BARELA

No. 4192.

622 P.2d 254 (1980)

95 N.M. 349

STATE of New Mexico, Plaintiff-Appellee, v. Jerry BARELA, Defendant-Appellant.

Court of Appeals of New Mexico.

Writ Quashed January 19, 1981.

Attorney(s) appearing for the Case

William Lazar, El Rito, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Sammy Lawrence Pacheco, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

ANDREWS, Judge.

Defendant was convicted of homicide by vehicle by reckless driving. Sections 66-8-101 and 66-8-113, N.M.S.A. 1978. He requested instructions on an asserted lesser included offense, which were refused. He claims the refusal was error. The refused instructions were to the effect that homicide by vehicle could be committed by a killing while unlawfully operating a vehicle. Defendant's position is that any killing by unlawful operation...

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