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STATE v. WARDLOW

No. 12988.

624 P.2d 527 (1981)

STATE of New Mexico, Plaintiff-Appellee, v. Tyrone WARDLOW, Defendant-Appellant.

Supreme Court of New Mexico.

February 24, 1981.

Attorney(s) appearing for the Case

Martha A. Daly, Appellate Defender, Lewis S. Fleishman, Asst. Public Defender, Santa Fe, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Arthur Encinias, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

EASLEY, Chief Justice.

Wardlow was tried on a two-count indictment of battery on a peace officer and aggravated assault on a peace officer. He was acquitted on the charge of aggravated assault. The charge of battery on a peace officer and the lesser-included offense of simple battery remained. The jury was in deadlock on the principal charge. There was some doubt as to the jury's position on the lesser-included offense. The trial court declared a...

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