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STATE v. PAYNE

No. 4955.

630 P.2d 299 (1981)

96 N.M. 347

STATE of New Mexico, Plaintiff-Appellee, v. Mary Tex PAYNE, Defendant-Appellant.

Court of Appeals of New Mexico.

June 9, 1981.

Attorney(s) appearing for the Case

John B. Bigelow, Chief Public Defender, Melanie S. Kenton, Asst. Appellate Defender, Santa Fe, Janet Clow, Peter Schoenburg, Asst. Public Defenders, Albuquerque, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Charles F. Noble, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

WOOD, Judge.

Defendant, Mary Tex Payne, appeals her conviction of voluntary manslaughter with firearm enhancement. The victim was Betty Lou Telles. We discuss two issues: (1) the presentation to the grand jury, and (2) prosecutor misconduct. We reverse because of prosecutor misconduct.

Presentation to the Grand Jury

This issue involves the denial of defendant's pretrial motion to dismiss the indictment because of the prosecutor...

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