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STATE v. OTTO

No. 5869.

652 P.2d 756 (1982)

98 N.M. 734

STATE of New Mexico, Plaintiff-Appellee, v. Stewart OTTO, Defendant-Appellant.

Court of Appeals of New Mexico.

September 30, 1982.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Carol Jean Vigil, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

John L. Walker, Teel & Walker, P.A., Albuquerque, for defendant-appellant.

OPINION

WALTERS, Chief Judge.

Defendant was convicted of one count of conspiracy to tamper with evidence and one count of tampering with evidence. The general criminal intent instruction, N.M.U.J.I. Crim. 1.50, N.M.S.A. 1978 (Repl.Pamph. 1982), was not given. The issues on appeal are whether failure to so instruct amounts to jurisdictional error and whether it can be raised for the first time on appeal.

We originally calendared this case for summary...

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