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STATE v. MARTIN

No. 4201.

609 P.2d 333 (1980)

STATE of New Mexico, Plaintiff-Appellee, v. Alton C. MARTIN, Defendant-Appellant.

Court of Appeals of New Mexico.

Rehearing Denied February 12, 1980.

Writ of Certiorari Denied March 12, 1980.

Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Michael Dickman, Asst. Appellate Defender, Santa Fe, Alvin Jones, Roswell, for defendant-appellant.

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

OPINION

WALTERS, Judge.

Defendant appeals from convictions of conspiracy, assault by a prisoner, false imprisonment of a jailer and escape from the penitentiary.

After the State closed its case, defendant moved to dismiss the conspiracy count for insufficiency of the charge in the information. He also moved for a directed verdict of acquittal under Count II, escape from the penitentiary. Both motions were denied. At the conference to designate the...

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